2008AP2744 Tomson v. American Family Mut. Ins. Co.

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Insurance
UM coverage

Section 632.32(4) requires that the uninsured motorist clause of an insurance policy provide coverage when a detached piece of an unidentified motor vehicle is propelled into the insured's motor vehicle by an identified motor vehicle.

"As Theis held, the focal point of decisions under the statute is the statute's 'primary purpose' 'to compensate an injured person who is the victim of an uninsured motorist's negligence to the same extent as if the uninsured motorist were insured.' Theis, 2000 WI 15, ¶28, 232 Wis. 2d at 761, 606 N.W.2d at 167-168. Here, to paraphrase Theis, had an identified insured driver negligently deposited a wheel assembly on the road, the plaintiff could have recovered from the negligent driver's insurance company. See ibid. Accordingly, because all of the requisite elements of Wis. Stat. § 632.32(4)(a)2.b are met here and had the truck that dropped the wheel assembly been identified, the Tomsons could have sued that truck's carrier, thus, § 632.32(4)(a)2.b requires uninsured-motorist coverage. Consistent with Theis, we do not therefore discuss whether the language of American Family's policy provides coverage. Theis, 2000 WI 15, ¶10, 232 Wis. 2d at 754, 606 N.W.2d at 165 ('If the statute requires coverage, we need not examine the insurance policy.')."

Reversed and remanded.

Publication in the official reports is recommended.

2008AP2744 Tomson v. American Family Mut. Ins. Co.

Dist. I, Milwaukee County, DiMotto, J., Fine, J.

Attorneys: For Appellant: Polczinski, Lea K., Milwaukee; McCormick, Daniel R., Milwaukee; Polczinski, Lea K., Milwaukee; For Respondent: Yankala, Wayne M., Milwaukee; Yuan, Jenny, Milwaukee

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