Peabody v. American Family Mutual Insurance

American Family Mutual Insurance Company appeals an order denying its motion for summary judgment and granting summary judgment in favor of Angela Peabody. American Family contends that Peabody is excluded from coverage under the plain meaning of the unambiguous language of the policy, and that the policy exclusion is supported by case law and public policy considerations. We agree and therefore reverse.

In 1994, Peabody 3 was injured while she was a passenger in a car owned by Michael Toenjes and driven by Timothy Owen. The Toenjes vehicle collided with a vehicle owned and driven by Matthew…