Mau v. North Dakota Insurance Reserve Fund

¶ 43. (dissenting). Although I join Justice Sykes' dissent, which would hold that Mau was an occupancy insured rather than a named insured under Wisconsin law, I write separately because I think the court should go on to decide the question of whether Mau was "occupying" the rental vehicle when the collision occurred.

¶ 44. Both the majority opinion and Justice Sykes' dissent conclude that the question of whether Mau was occupying the vehicle was not certified to this court. Majority op. at ¶ 42 n.18, Justice Sykes' dissent at ¶ 58 n.l. I do not read the certified question that way. In its…