Vicki L. Blasing v. Zurich American Ins. Co.

¶ 75. (dissenting). I write in dissent because, based on the pleadings and the materials submitted in the summary judgment and declaratory judgment motions, I conclude that the majority opinion erroneously decides that American Family Insurance Company, Vicki Biasing's automobile liability carrier, must assume the defense and indemnification of Menard, Inc. that was initially undertaken by Zurich American Insurance Company, Menard's liability carrier.1 The majority opinion errs because it does not fully address the issue American Family presented: "Does the concept of a permissive user under…