Auto Insurance Coverage in Wisconsin begins with the Wisconsin omnibus statute, section 632.32, which sets out minimum requirements for automobile insurance policies to provide protection to the public.
The Wisconsin omnibus statute, section 632.32 provides in part:
(1) Scope. Except as otherwise provided, this section applies to every policy of insurance issued or delivered in this state against the insured’s liability for loss or damage resulting from accident caused by any motor vehicle, whether the loss or damage is to property or to a person.
(3) Required provisions. Except as provided in sub. (5), every policy subject to this section issued to an owner shall provide that:
(a) Coverage provided to the named insured applies in the same manner and under the same provisions to any person using any motor vehicle described in the policy when the use is for purposes and in the manner described in the policy.
(b) Coverage extends to any person legally responsible for the use of the motor vehicle.
The omnibus statute extends the named insured’s coverage to anyone using a vehicle as long as use of that car is with permission. Although Sec. 632.32(5)(a) allows a policy to limit coverage to use with permission.
A policy cannot cut off coverage to anyone who uses the car with permission and still cover the owner. If the named insured has coverage, so does the permissive user. The omnibus statute makes sure coverage for a vehicle listed in the policy follows the vehicle use with permission and those responsible for using it.
Wis. Stats. Sec 632.32(6) prohibits denying coverage in certain situations, such as relatives, intoxicated people, people using the vehicle for unlawful purposes or based on age limits.
A person cannot pay the premium for one automobile, then extend that coverage to other vehicles owned by or regularly used by members of the same household. This is dealt with either by exclusion or a definition of nonowned (insured) automobile. A nonowned automobile does not include an automobile owned by or furnished or available for the regular use of either the named insured or any resident of the same household. Whether an automobile is excluded or does not fit the definition of a nonowned automobile (and is therefore uninsured) depends on whether (1) the automobile is owned by or furnished for regular use of the owner insured and (2) the individual using it is a resident of the same household. However, if you are just using a car on one occasion, the auto insurance coverage you have on your own listed car follows you for medical bills, wage loss, pain and suffering.
McCormick Law Office in Milwaukee, Wisconsin.
