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WELCH v. STATE FARM MUT. AUTO. INS. CO.

No. 83-1188.

122 Wis.2d 172 (1985)

361 N.W.2d 680

William WELCH and Valerie Welch by Charles J. Richards, their Guardian ad Litem, Debra Welch and Clarence Welch, Plaintiffs-Respondents-Petitioners, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided January 31, 1985.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners there was a brief by Charles J. Richards and Phillips, Richards, Lepp, Mayew & Kluka, S.C., Kenosha, and oral argument by Charles J. Richards.

For the defendant-appellant there was a brief by Russell M. Ware, Virginia M. Antoine and Schoone, McManus, Hankel, Ware & Fortune, S.C., Racine, and oral argument by Ms. Antoine.

Amicus curiae brief was filed by William C. Gleisner III, David L. Nichols and Weiss, Steuer, Berzowski, Brady & Donahue, Milwaukee, for the Wisconsin Academy of Trial Lawyers.

WILLIAM A. BABLITCH, J.

Petitioners seek review of a decision of the court of appeals which held that State Farm Mutual Automobile Insurance Company (State Farm) can lawfully exclude coverage in the uninsured motorist provision of its policy for accidents involving motor vehicles owned by the insured but not included in the policy. In reaching this result, the court of appeals sanctioned the use of a "drive other car" exclusionary clause, which had the effect of validating...

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