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Insurance — automobile policies — household resident exclusions

By: WISCONSIN LAW JOURNAL STAFF//June 4, 2013//

Insurance — automobile policies — household resident exclusions

By: WISCONSIN LAW JOURNAL STAFF//June 4, 2013//

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Wisconsin Court of Appeals

Civil

Insurance — automobile policies — household resident exclusions

Country Mutual Insurance Company appeals an order, entered on a jury verdict, declaring that a car insurance policy it issued to Theodore Benson covered injuries Michael Kappers sustained in a motor vehicle accident with Benson. Benson was driving a car owned by his son Mark. It is undisputed that the Country policy did not provide coverage for Kappers’ injuries if Mark was a resident of Benson’s household at the time of the accident. The jury found that Mark was not a resident of Benson’s household, and the circuit court therefore ruled the policy provided coverage.

On appeal, Country argues that: (1) the circuit court erred by denying Country’s motion for summary judgment; (2) the court’s “statement of the case” improperly informed the jury that its special verdict answer on Mark’s residence would determine whether Benson had insurance coverage; (3) insufficient evidence supports the jury’s answer that Mark was not a resident of Benson’s household; and (4) the court should have granted Country’s motion for a new trial. Benson’s cross-appeal contends the court erred by denying his postverdict motion for attorney fees. We reject both Country’s and Benson’s arguments, and affirm the circuit court’s order in all respects. This opinion will not be published.

2011AP1758 Kappers v. Progressive Northern Insurance Co., et al.

Dist III, St. Croix County, Needham, J., Per Curiam

Attorneys: For Appellant: Krueger, Stuart J., River Falls; For Respondent: Eiden, Timothy J., Menomonie; Twomey, Joseph G., St. Paul, Minn.

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