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STATE FARM MUT. AUTO. INS. CO. v. RECHEK

No. 84-903.

125 Wis.2d 7 (1985)

370 N.W.2d 787

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Respondent, v. Curtis L. RECHEK, Defendant-Respondent, GENERAL CASUALTY COMPANY OF WISCONSIN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 8, 1985.

Attorney(s) appearing for the Case

For the defendant-appellant, there were briefs and oral argument by David M. Skoglind of Dempsey, Magnusen, Williamson & Lampe, of Oshkosh.

For the plaintiff-respondent, there was a brief by James C. Herrick, Jr. and Keary W. Bilka of Herrick & Bilka, S.C., of Fond du Lac. Oral argument by Keary W. Bilka.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

BROWN, P.J.

The automobile policy in this case included, among those insured, relatives of the household provided that the relatives did not own a "private passenger automobile." To be decided on this appeal is whether this state will recognize the majority rule adopted in other jurisdictions that a vehicle can reach such a condition of disrepair that it can no longer be considered an automobile for insurance policy purposes.1

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