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BLUM EX REL. STUDINSKI v. 1ST AUTO & CAS. INS. CO.

No. 2008AP1324.

762 N.W.2d 819 (2008)

2009 WI App 19

Kevin BLUM, Jr., by his Guardian ad Litem, Jason STUDINSKI, Plaintiff-Appellant WEA Insurance Corporation, Involuntary-Plaintiff, v. 1ST AUTO & CASUALTY INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed December 4, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Timothy M. Barber, J. Michael Riley, and Jason Knutson of Axley Brynelson, LLP, Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Rick J. Mundt and Chet Holzbauer of Winner, Wixson & Pernitz, Madison.

Before DYKMAN, VERGERONT and BRIDGE, JJ.

¶ 1 VERGERONT, J.

The issue on this appeal is the proper construction of the uninsured motorist (UM) provision in an insurance policy as applied to the situation in which the alleged tortfeasor who operated the motor vehicle was insured but the vehicle was not insured. We conclude that the policy provision is ambiguous because the title of the UM section is "Uninsured Motorist" while the insuring clause defines coverage in terms of an "uninsured motor vehicle...

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