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ZARDER v. HUMANA INS. CO.

No. 2008AP919.

765 N.W.2d 839 (2009)

2009 WI App 34

James ZARDER, Glory Zarder and Zachary Zarder, by Robert C. Menard, Guardian ad Litem, Plaintiffs-Respondents, v. HUMANA INSURANCE COMPANY, Defendant, Acuity, a Mutual Insurance Company, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed February 18, 2009.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Lance S. Grady and Daniel K. Miller of Grady, Hayes & Neary, LLC of Waukesha.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Luke M. Wagner of Wagner Law Firm, S.C. of Menomonie and Robert Menard of Derzon & Menard, S.C. of Milwaukee.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.

¶ 1 BROWN, C.J.

What does run mean when an insurance policy covers "hit-and-run" accidents as part of an uninsured motorist provision and the policy does not define the term? Does run mean to flee without stopping, or does it mean leaving the scene without providing identifying information even if the driver stopped to see if there was any injury? We hold that the latter definition controls and affirm the circuit court.

¶ 2 The facts...

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