Insurance — financial responsibility policies

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Wisconsin Court of Appeals

Civil

Insurance — financial responsibility policies

A motorcycle exclusion in a financial responsibility policy is invalid.

“As the only certified financial responsibility policy obtained by and issued to Westra, the Acuity policy must fulfill the financial responsibility law’s requirements. Cf., Beerbohm, 235 Wis. 2d 182, ¶13 (requirements of WIS. STAT. §344.33(2) do not apply to policies not used as proof of financial responsibility). Among other requirements, the policy must ‘insure the person named therein using any motor vehicle.’ WIS. STAT. §344.33(2) (emphasis added). This requirement means that Acuity’s exclusion for injury or damages ‘resulting from the … use of a motorized vehicle with less than four wheels’ cannot apply. See Bindrim v. B. & J. Ins. Agency, 190 Wis. 2d 525, 533, 527 N.W.2d 320 (1995) (holding that a financial responsibility policy could not limit coverage to situations where the insured was driving an automobile not owned by him, because the statute required coverage for operation of any vehicle, regardless whether the insured owned it). Therefore, we conclude that Acuity is required to provide coverage to Hechimovich under Westra’s policy.”

Reversed and Remanded.

Recommended for publication in the official reports.

2013AP1011 Hechimovich v. Acuity

Dist. IV, Dodge County, Pfitzinger, J., Kloppenburg, J.

Attorneys: For Appellant: Quincey, Kenneth J., Beaver Dam; For Respondent: Gernes, Julius W., Edina, Minn.; Schlitz, Steven V., Eau Claire