Summary Judgment – Insurance Claim – Coverage

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WI Court of Appeals – District IV

Case Name: James Brudos, et al., v. Wisconsin Mutual Insurance Company

Case No.: 2021AP62

Officials: Blanchard, P.J., Fitzpatrick, and Graham, JJ.

Focus: Summary Judgment – Insurance Claim – Coverage

This case involves a single automobile liability policy issued by Wisconsin Mutual Insurance Company to Susan Noble and a dispute over the meaning of a “drive other cars” exclusion in the policy, under which coverage is excluded for vehicles not listed in the policy that are “available for” “the regular use of a relative” of the insured.  James and Carrie Brudos appeal a circuit court order granting Wisconsin Mutual’s motion for declaratory and summary judgment, based on the court’s conclusion that the policy does not provide coverage to Susan’s son, Tyler Noble. James Brudos and Tyler were operating separate motor vehicles that collided. Brudos alleged that Tyler caused the accident through negligent driving and that the policy provides coverage to Tyler.  At the time of the accident, Tyler was driving a 1970 pickup truck that belonged to his father, Charles Johnson. The truck was not a listed vehicle in the Wisconsin Mutual policy issued to Susan. The court granted Wisconsin Mutual’s motion for summary judgment based on its application of the “drive other cars” exclusion.

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Derek A Hawkins is Corporate Counsel, at Salesforce.