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ROE v. LARSON

Nos. 78-875, 79-515.

94 Wis.2d 204 (1979)

287 N.W.2d 824

ROE, Plaintiff-Appellant, v. LARSON, Defendant: SECURITY MUTUAL CASUALTY COMPANY, Defendant-Respondent. BAUER, Plaintiff-Appellant, v. SECURITY MUTUAL CASUALTY COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Submitted on briefs September 25, 1979.

Decided December 5, 1979.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by W. W. Bitney of Spooner. [Case No. 78-875.]

For the respondent there was a brief by Davis, Witkin, Weiby & Maki, S.C., and oral argument by Jeffrey Lee, of Superior. [Case No. 78-875.]

For the appellant the cause was submitted on the briefs of Michael S. Siddall and Herrling, Clark, Hartzheim & Siddall, Ltd., of Appleton. [Case No. 79-515.]

For the respondent the cause was submitted on the brief of Fulton, Menn & Nehs, Ltd., of Appleton. [Case No. 79-515.]

Before Dean, P.J., Donlin, J., and Foley, J.

DEAN, P.J.

These two cases have been consolidated because they present an identical issue: are the provisions of the uninsured motorist statute, sec. 204.30(5) (a), Stats. (1973) [revised and renumbered 632.32(3) (a)], violated by a policy exclusion that denies coverage to an insured injured by an uninsured motorist while the insured is occupying an uninsured vehicle owned by the named insured? Both appellants, who were...

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