By: WISCONSIN LAW JOURNAL STAFF//December 12, 2022//
WI Court of Appeals – District I
Case Name: Dorothy A. Pender v. Artisan and Truckers Casualty Company
Case No.: 2021AP000838
Officials: Donald, P.J., Dugan and White, JJ.
Focus: Negligence Claim-Insurance
Pender appeals the circuit court order granting summary judgment in favor of Artisan and Truckers Casualty Company (Artisan). Pender argues that Artisan failed to comply with Wisconsin’s Financial Responsibility law for motor carriers and the Department of Transportation (DOT) administrative code regarding the cancellation of the insurance policy Artisan issued to LJ Auto Repair and Services, LLC (LJ Auto Repair); therefore, Artisan was liable when LJ Auto Repair’s tow truck injured Pender in an accident. Artisan contends that the insurance policy it issued to LJ Auto Repair was canceled; therefore, no operative insurance contract existed at the time of the accident, which negated its liability. Pender also argues that Artisan failed to show that its process of notification to DOT about the cancellation was sufficient as a matter of law. The court concludes that Artisan has not made a prima facie case for summary judgment.
Reversed and Remanded.
Decided 12/06/22