REA v. TRANSPORTATION INS. CO.

No. 94-1124.

191 Wis.2d 271 (1995)

528 N.W.2d 79

Naomi REA, a minor, by and through her guardian ad litem, John Wargo, Plaintiff-Appellant, v. TRANSPORTATION INSURANCE COMPANY, Defendant-Third Party Plaintiff-Respondent, STURTEVANT AUTO SALES & SERVICE, INC., a/k/a Sturtevant Auto Salvage, Richard A. Roy, John F. Boho, David Baker, Karen Baker, ABC Insurance Company, Transcontinental Insurance Company, Country Mutual Insurance Company, Country Casualty Insurance Company and XYZ Insurance Company, Defendants-Third Party Plaintiffs, v. Melissa GODINA, Lazaro Rea and Racine County, Third Party Defendants, ALLSTATE INSURANCE COMPANY, Additional-Third Party Defendant.

Court of Appeals of Wisconsin.

Decided January 25, 1995.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Harold D. Block of Milwaukee.

On behalf of the defendant-third party plaintiffrespondent, the cause was submitted on the brief of Edward A. Hannan and Everett E. Wood of Godfrey, Braun & Hayes of Milwaukee.

Before Brown, Nettesheim and Snyder, JJ.


BROWN, J.

This case concerns a salvage yard vehicle that was used only on the premises. The vehicle was involved in a personal injury accident on the premises, but the salvage yard's fleet insurance policy clearly excluded yard vehicles. The issue is whether Wisconsin's omnibus statute, § 632.32, STATS., prohibits this exclusion. We hold that the answer is "no" and affirm the trial court's declaratory judgment denying coverage.

Naomi Rea was injured when...

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