Legal Opinion · Dissent

Lisowski v. Hastings Mutual Insurance

Wisconsin Supreme Court

Decided January 28, 2009No. 2006AP2662Published

1Dissent

*407ANN WALSH BRADLEY, J.

¶ 31. (dissenting). I agree with the majority that the dispute here is "whether Jonathan Lisowski was entitled to coverage as an insured regardless of where he was at the time he was injured by the underinsured motorist." Majority op., ¶ 10 (emphasis added). Based upon what I refer to as Rule 101 of underinsured motorist coverage (UIM), the answer is undoubtedly: yes.

¶ 32. By Rule 101,1 mean that basic to the nature of underinsured motorist coverage is that it is "personal and portable" for resident family members of the named insured. As a learned treatise on Wisconsin…

2Cases cited10 opinions

  1. In RE MARRIAGE OF COOK v. CookWisconsin Supreme Court · 1997
  2. Folkman v. QuammeWisconsin Supreme Court · 2003
  3. Bushey v. Northern Assurance Co. of AmericaCourt of Appeals of Maryland · 2001
  4. Teschendorf v. State Farm Ins. CompaniesWisconsin Supreme Court · 2006
  5. Welch v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1985

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