04AP001358 Vieau v. American Family Mutual Insurance Company

By: dmc-admin//April 24, 2006//

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“Thus, we conclude that under the facts and circumstances of this case American Family’s definitional exclusion, which denies Vieau the UIM coverage under his mother’s policy, is permissible. Were we to decide this case otherwise, a family of five with five vehicles could pay one premium on one policy with UIM coverage and potentially collect UIM proceeds five times. We cannot support such a result.

“In sum, we conclude that Wis. Stat. § 632.32(6)(b)1. applies to UIM coverage when issued as part of a policy containing liability insurance. We further conclude that American Family’s ‘own-other-car’ definitional exclusion is valid under Wis. Stat. § 632.32(5)(e) as Vieau is excluded from coverage because he owns his own motor vehicle and not because he is related by blood to the named insured.”

Affirmed.

Court of Appeals; Wilcox, J.

Attorneys:

For Appellant: Janssen, Robert J., De Pere; Peterson, Christina L.; De Pere

For Respondent: Kostecke, Keith W., Menn, Jonathan M., Duimstra, Robert N., Appleton

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