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KREUSER v. HERITAGE MUT. INS. CO.

No. 90-0249.

158 Wis.2d 166 (1990)

461 N.W.2d 806

Nancy KREUSER, by her Guardian Richard Kreuser, Plaintiffs-Respondents, v. HERITAGE MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 12, 1990.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James E. Snodgrass, Snodgrass & Simpson of Milwaukee.

On behalf of plaintiffs-respondents, the cause was submitted on the briefs of Gregory J. Cook and Vicki L. Arrowood, Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

Before Brown, Scott and Anderson, JJ.

ANDERSON, J.

The issue presented on appeal is whether or not an individual waiting to enter an automobile, which is pulling up to a curb, is occupying the automobile as that term is defined in the uninsured motorist and medical payments provisions of an automobile insurance policy.

On July 22, 1987, Nancy Kreuser had just left work at Great Lakes International and was standing on the southwest corner of 23rd Street and Racine Street in the

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