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Insurance — underinsured motorists

By: WISCONSIN LAW JOURNAL STAFF//April 23, 2013//

Insurance — underinsured motorists

By: WISCONSIN LAW JOURNAL STAFF//April 23, 2013//

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Wisconsin Court of Appeals

Civil

Insurance — underinsured motorists

Where a deputy was assisting a motorist when she was injured, she is covered by the county’s underinsured motorist coverage.

“Broadly reading insurance policies does not, of course, mean that every injury that may have involved a car means ‘using’ that car in connection with that injury. Rather, the ‘inquiry is whether the vehicle’s connection with the activities which gave rise to the injuries is sufficient to bring those general activities, and the negligence connected therewith, within the risk for which the parties to the contract reasonably contemplated there would be coverage.’ Garcia, 167 Wis. 2d at 295, 481 N.W.2d at 664. Thus, ‘in each instance we ask whether the injury “grew out of,” “had its origin in,” or “flowed from” the use of the vehicle.’ Id., 167 Wis. 2d at 296, 481 N.W.2d at 664 (quoted source omitted). Here, Jackson was ‘using’ the underinsured-driver’s car because her injuries directly ‘flowed from’ and ‘grew out of’ her helping the driver safely re-enter traffic—a responsibility that was obviously within the scope of her employment.”

Reversed and Remanded.

Recommended for publication in the official reports.

2012AP1644 Jackson v. Wisconsin County Mutual Ins. Corp.

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

Attorneys: For Appellant: Guerin, D. Michael, Milwaukee; Keppel, Kathryn A., Milwaukee; Strohbehn, Christopher L., Milwaukee; For Respondent: Lubinsky, Lori M., Madison; Barber, Timothy M., Madison

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