Wis. Appeals Court: Judge Erred in General Casualty Auto Liability Limits Ruling

WAUSAU, Wis.—A Brown County judge erred in ruling that a car insurance policy must provide $1 million in coverage following a deadly crash involving a 16-year-old driver, a state appeals court ruled recently.

The policy provided by General Casualty Co. of Wisconsin provided liability coverage up to $500,000 per accident, not per individual covered by the insurance, the 3rd District Court of Appeals ruled.

According to court records, Courtney Langer, 16, drove her car broadside into a van driven by 45-year-old James Wingfield on a Green Bay street on Oct. 15, 1999. Wingfield was killed and passengers in both vehicles were injured.

Circuit Judge Mark Warpinski ruled that General Casualty’s liability limits were cumulative to $1 million because Langer’s father was the name insured on the policy and he sponsored his daughter’s drivers license, court records said.

Citing a state Supreme Court ruling, the appeals court said the liability coverage provides a single limit for an owner of a car and the driver with permission to drive it as long as the owner’s liability is not based on a separate negligent act.

Copyright 2004 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Latest Comments

• December 22, 2004 at 1:53 am

  Mike says:

  I find it amazing that the only time policy language is questioned is when there is serious injury. I contend that the question of coverage has never been dependent on the po... read more
• December 22, 2004 at 1:38 am

  Mark says:

  Another prime example of the Courts going beyond the scope of the policy language. Most consumers complain they cannot understand their policies and now we know why! When you ... read more