Insurance — UIM coverage

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Wisconsin Supreme Court

Civil

Insurance — UIM coverage

Where an insured was hit by a driver as she walked in front of the car and stated that she would “help [the driver] get in traffic,” she was not “using” an automobile within the meaning of sec. 632.32(2)(c).

“[T]his case does not reach the level of a close case because everything relevant to this case happened before Jackson began to guide the vehicle. To revisit Jackson’s description of what she did with regard to the vehicle that hit her, recall that she stated that she ‘asked [the driver] if he could pull over to the curb,’ then bent down to speak into the window, standing one or two feet away from the car, and answered his question. After that, the driver asked, ‘How am I going to get back in traffic?’ Jackson said she responded, ‘I’ll go in front of your car, and I’ll come around and help you get in traffic.’ As Jackson walked on the pedestrian walkway in front of the car, she was hit.”

Reversed.

2012AP1644 Jackson v. Milwaukee County Mut. Ins. Co.

Crooks, 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