By: WISCONSIN LAW JOURNAL STAFF//March 19, 2015//
Wisconsin Court of Appeals
Civil
Insurance – CGL policies – automobile exclusions
A dum truck and a trailer are “autos” under a CGL policy’s exclusions.
“The commercial general liability policy defines ‘auto’ as a ‘land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment,’ but states that ‘“auto” does not include “mobile equipment.”’ In pertinent part, the policy excludes coverage for injury or damage ‘arising out of the ownership, maintenance, use or entrustment to others of any … “auto” … owned or operated by … any insured.’ We conclude that, under these unambiguous terms, the exclusion applies to pertinent uses of both the trailer and the dump truck here, and therefore there is no coverage.”
Affirmed in part and Reversed in part.
Recommended for publication in the official reports.
2014AP966 Cooper v. Rick’s Blacktop & Paving Co.
Dist. IV, Dane County, Anderson, J., Blanchard, J.