MOHEREK v. TUCKER

No. 317.

69 Wis.2d 41 (1975)

230 N.W.2d 148

MOHEREK, by Guardian ad litem, and another, Plaintiff and Appellants, v. TUCKER and others, Defendants: AMERICAN STANDARD INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of Wisconsin.

Decided June 16, 1975.


Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Kolbe, Sharp & Arena, attorneys, and Schoone, McManus, Hanson & Grady, S. C. of counsel, all of Racine; and for the defendant-respondent the cause was submitted on the brief of Thompson, Evans, Hostak & Clack of Racine.


Submitted under sec. (Rule) 251.54 February 5, 1975.

DAY, J.

This appeal presents the question, is a passenger of an automobile who is standing behind such auto, holding its spare tire up against its rear bumper to protect the rear bumper of such car from the front bumper of a second car that is about to push it, "occupying" the first auto so as to be covered by its uninsured motorist insurance? The policy in question defined "occupying" as "in or upon, entering...

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