2009AP483 Kender v. Auto Owners Ins. Co.

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Civil Procedure
Choice of law

Although an auto accident occurred in Wisconsin, Minnesota law governs the issue of insurance coverage where the policy was issued in Minnesota.

"After considering the relevant contacts under the grouping of contacts rule, we conclude that Minnesota has the more significant relationship with the Auto-Owners policy. The contract was executed and negotiated in Minnesota given that both Strom and its insurance agent are located there. The contract was performed in Minnesota (along with other states). In addition, the place most relevant to the subject matter of the contract is Minnesota as Strom was located there, and, most telling for our purposes, is the fact that the policy incorporated Minnesota-specific endorsements. The parties to the policy were Strom, a Minnesota corporation, and Auto-Owners, a Michigan insurance company. We agree with Enterprise that 'it is clear from the parties' inclusion of endorsements specifically adding Minnesota provisions to the insurance contract, that the parties to this contract expected Minnesota law to apply to its interpretation.' Consequently, we conclude that the significant contacts in this case strongly favor Minnesota, not Wisconsin. As such, Minnesota law controls our interpretation of the term 'permission' as used in the omnibus provision of the Auto-Owners policy."

Affirmed.

Recommended for publication in the official reports.

2009AP483 Kender v. Auto Owners Ins. Co.

Dist. I, Milwaukee County, Cooper, J., Curley, J.

Attorneys: For Appellant: Schmidt, Richard E., Milwaukee; Monson, Jon D., Milwaukee; For Respondent: Trecek, Timothy S., Milwaukee; Lanford, Rhonda, Madison

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