02-0063 Walburg, et al. v. Skrzeczkoski, et al.

Listen to this article

Randolph Peters and the Estate of John and Donna Mente appeal summary judgment granted to Progressive Northern Insurance Company and Wausau-Stettin Mutual Insurance Company. The circuit court reasoned that Peters’s automobile liability policy through Progressive did not cover the accident that occurred when the trailer detached from a pickup truck and collided with John and Donna Mente’s vehicle because Peters was not “using” a motor vehicle within the meaning of the policy when he loaded and attached the trailer to the pickup truck prior to the accident. The circuit court also concluded that Peters’s homeowner’s insurance through Wausau-Stettin did not cover the accident because the policy excluded coverage for accidents resulting from the use of an automobile. Because Peters’s attaching the trailer to the pickup truck was an act reasonably consistent with a contemplated use of the truck, i.e., hauling, his acts constitute “use” of a motor vehicle. Additionally, because the accident is alleged to have arisen out of that use, we conclude that the Progressive policy provides coverage, if Peters’s negligence is proven. Accordingly, we reverse the circuit court’s summary judgment order with regard to Progressive.

However, we affirm the circuit court’s judgment with regard to Wausau-Stettin because the homeowner’s policy excludes coverage for accidents arising out of the use of a motor vehicle.

Not recommended for publication in the official reports.

Dist III, Outagamie County, Des Jardins, J., Roggensack, J.

Attorneys:

For Appellant: Craig A. Christensen, Appleton

For Respondent: Arnold P. Anderson, Madison; Joseph J. Ferris, Green Bay; Wendy Schmidt Larson, Green Bay