Insurance — rental exclusions

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Wisconsin Court of Appeals

Civil

Insurance — rental exclusions

Repairs are “in the business of” a carrier only when they are necessary to allow the vehicle to continue operating in the carrier’s business.

“In this case, the facts establish that the repairs to the tractor’s grille and oil filler tube were not necessary for Zeverino to continue operating the tractor in Taylor’s business. Admittedly, Zeverino testified that he ‘needed to get [the grille] repaired’ because it was ‘already starting to fall apart and fall off on the highway[,]’ and that the oil filler tube was broken off at the engine block. However, he also admitted these defects did not prevent him from hauling loads on Taylor’s behalf. He conceded the tractor was never taken out of service because of the broken grille and oil filler tube. Furthermore, a state trooper conducted a thorough examination of the tractor after the accident and noted no violations or repairs that needed to be made for the tractor to be restored to safe operating condition. These facts establish that Zeverino could have continued operating his tractor in Taylor’s business without first repairing the grille and oil filler tube. Consequently, the repairs did not further Taylor’s commercial interests, and Zeverino was not acting ‘in the business of’ Taylor at the time of the accident.”

Affirmed.

Recommended for publication in the official reports.

2012AP667 Casey v. Smith

Dist. III, Dunn County, Smeltzer, J., Cane, J.

Attorneys: For Appellant: Noel, Charles J., Minneapolis, Minn.; For Respondent: McNee, Michael W., Minneapolis; Novotny, Tamara Lynn, Minneapolis