Legal Opinion

Paskiewicz v. American Family Mutual Insurance

Court of Appeals of Wisconsin

Decided June 26, 2013No. 2012AP2758PublishedCited by 7 opinions

1Opinion of the CourtGundrum, J.

¶ 1. Michelle and Andrew Paskiewicz appeal from a summary judgment dismissing their uninsured and underinsured motorists (UM/ UIM) claims against their insurer, Acuity. They contend the circuit court erred in concluding that their insurance policy1 did not provide coverage because the miniature all-terrain vehicle at issue is a toy and therefore not a "land motor vehicle" under the policy. We agree with the Paskiewiczes and reverse.

BACKGROUND

¶ 2. The Paskiewiczes filed a complaint alleging Michelle sustained serious injury to her left leg as a result of three-year-old Alyssa Free striking her…

2Cases cited4 opinions

  1. Just v. Land Reclamation Ltd.Wisconsin Supreme Court · 1990
  2. Frank v. Wisconsin Mutual InsuranceCourt of Appeals of Wisconsin · 1995
  3. Colwell v. State Farm Mutual Automobile InsuranceCourt of Appeals of Arizona · 1979
  4. State v. SohnCourt of Appeals of Wisconsin · 1995

3Cited by7 opinions

  1. Romero v. West Bend Mutual Insurance Co.Court of Appeals of Wisconsin · 2016
  2. FABCO Equipment, Inc. v. Kreilkamp Trucking, Inc.Court of Appeals of Wisconsin · 2013
  3. State Farm Mutual Automobile Insurance Company v. Anna Bevilacqua SpanglerCourt of Appeals for the Eleventh Circuit · 2023
  4. Carter v. Fid. Life Ass'nDistrict Court, E.D. North Carolina · 2018
  5. Leanne Wied v. Scott WheelerCourt of Appeals of Wisconsin · 2025

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