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GARCIA v. REGENT INS. CO.

No. 91-1100.

167 Wis.2d 287 (1992)

481 N.W.2d 660

Crystal J. GARCIA, a minor, by her guardian ad litem, Andrew C. Ladd, and Nancy L. Lopez, Plaintiffs-Appellants-Cross Respondents, v. REGENT INSURANCE COMPANY, Defendant-Respondent-Cross Appellant, BADGER STATE MUTUAL CASUALTY COMPANY, Defendant-Respondent, Rene LOPEZ, Reynaldo G. Lopez, American Family Mutual Insurance Company, the City of Waukesha, Employers Insurance of Wausau, a mutual company, and Blue Cross & Blue Shield United of Wisconsin, Defendants.

Court of Appeals of Wisconsin.

Decided February 19, 1992.

Attorney(s) appearing for the Case

On behalf of the appellants, the cause was submitted on the briefs of Andrew C. Ladd, of Cappozzo, Ladd & Milaeger, of Waukesha.

On behalf of the respondent, Regent Insurance Company, the cause was submitted on the briefs of Stuart B. Eich, S.C. by Jacqueline E. Frakes, of Milwaukee.

On behalf of the respondent, Badger State Mutual Casualty Company, the cause was submitted on the brief of Thomas N. Klug, of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

Before Nettesheim, P.J., Anderson and Snyder, JJ.

NETTESHEIM, P.J.

The issue on appeal is insurance coverage under two motor vehicle liability policies, one issued by Badger State Mutual Casualty Company (Badger) and the other by Regent Insurance Company (Regent). At summary judgment, the trial court ruled that the insured driver, Rene Lopez, was not "using" a motor vehicle within the meaning of the policies when his stepdaughter, Crystal Garcia, was struck by an oncoming vehicle as she was preparing to enter the...

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