SIEBERT v. WISCONSIN AMERICAN MUT. INS. CO.

No. 2009AP1422.

787 N.W.2d 54 (2010)

2010 WI App 94

Jessica L. SIEBERT, by her Guardian ad Litem, D.J. Weis and Lynette A. Siebert, Plaintiffs-Appellants, Steve Albrecht, Jr., by his Guardian ad Litem, Thomas W. Kyle, Steven Albrecht, Sr., Kari Sosnowski, by her Guardian ad Litem, Thomas W. Kyle and Cyndi Anderson, Intervening-Plaintiffs, Oneida County Department of Social Services, Involuntary-Plaintiff, v. WISCONSIN AMERICAN MUTUAL INSURANCE COMPANY, Defendant-Respondent, Interstate Brands Corporation, ACE American Insurance Company and Ryan Friberg, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed May 4, 2010.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of D.J. Weis and Rhonda L. Lanford of Habush Habush & Rottier S.C., Rhinelander.

On behalf of the defendant-respondent, the cause was submitted on the brief of John M. Swietlik, Jr. and Michael D. Aiken of Kasdorf, Lewis & Swietlik, S.C., Milwaukee.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.


PETERSON, J.

¶ 1 Jessica Siebert appeals a summary judgment in favor of Wisconsin American Mutual Insurance Company declaring there is no coverage for her negligent entrustment claim against Jessica Koehler. The circuit court concluded that, because there was no coverage for the driver's negligent operation of a vehicle, there was also no coverage for Koehler's negligent entrustment of the vehicle to the driver. We disagree. We therefore reverse and remand.<...

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