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Insurance — recreational immunity

By: WISCONSIN LAW JOURNAL STAFF//November 7, 2013//

Insurance — recreational immunity

By: WISCONSIN LAW JOURNAL STAFF//November 7, 2013//

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Wisconsin Court of Appeals

Civil

Insurance — recreational immunity

Insurer was immune from liability where plaintiff was injured by a chain saw while cutting off branches.

The recreational immunity statute conferred immunity where the injured was engaged in recreational activity as defined in the statute and the insurer occupied the property as defined.

Cutting wood is specifically listed in the definition of recreational activity, Wis. Stat. § 895.52(1)(g), and the court concluded that the Legislature made a policy choice that cutting wood is a recreational activity for purposes of the statute. “[I]n cases where an individual was injured while engaging in an activity specifically enumerated under the statute, we have concluded that the activity was ‘recreational,’ without examining the various aspects or the purposes of the activity,” the court said.

Insured occupied the property according to § 895.52(1)(d)1, which defines owner as one who occupies the property. There is no dispute that insured actually used the property for over thirty years, during which time he mowed the lawn, cared for the trees, and put in gravel as needed.  The insured was never asked to stop using or maintaining the property by the owner of title.

The court concluded that the insurer was immune from liability and entitled to judgment as a matter of law. Therefore it affirmed the lower court.

Recommended for publication in the official reports.

2011AP1335 WEA Property & Casualty Insurance Company v. Krisik

Dist. IV, Dane County, Blanchard, P.J., Lundsten and Higginbotham, JJ.

Attorneys: For Appellant: Whitley, Jason W., Amery; For Respondent: Crooks, Michael P., Madison

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