Insurance — automobile policies — duty to defend

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Wisconsin Supreme Court

Civil

Insurance — automobile policies — duty to defend

An automobile insurer is obliged to defend and indemnify an alleged tortfeasor when the tortfeasor is a permissive user of the insured vehicle and the plaintiff-injured victim is the named insured.

“Our case law demonstrates that our holding today is not novel and has not been viewed as absurd or unreasonable in past cases. Several Wisconsin cases have held that the named insured under an automobile liability insurance policy is not precluded from recovering on the policy when an additional insured, while using the vehicle within the terms of the policy, inflicts injury upon the named insured. Indeed, Wisconsin case law has followed what appears to be the majority rule ‘recognizing that the named insured under an automobile liability insurance policy may recover from the insurer when injured by another insured under the policy.’ ‘In the greater number of cases, the courts … have sustained the right of the named insured … to recover under an automobile liability policy for an injury to … such insured.’ 7A Steven Plitt et al., Couch on Insurance 3d § 110:14 (2013).”

Affirmed.

2012AP858 Blasing v. Zurich American Ins. Co.

Abrahamson, C.J.

Attorneys: For Appellant: Fertl, Jeffrey S., Milwaukee; For Respondent: Pliner, David J., Madison; Isaacson, Chester Anthony, Madison