Progressive Northern Insurance Company v. Peace et al

Progressive Northern Insurance Company filed a declaratory judgment action against its insured, Christopher Peace, seeking to uphold an uninsured motorist (UM) coverage exclusion. Peace was injured in an accident caused by an uninsured driver while operating a vehicle furnished by his employer and available for his regular use. Progressive's policy excluded UM coverage for any vehicle "furnished or available for the regular use" of the insured. Peace argued the exclusion violated Wisconsin law, contending that UM coverage is portable and should follow the insured. The circuit court granted summary judgment for Progressive, finding the exclusion valid. The Wisconsin Court of Appeals affirmed on October 4, 2018, holding that the anti-stacking and regular-use exclusion applied and did not contravene the state's UM statute or public policy.

The Wisconsin Court of Appeals affirmed the circuit court's grant of summary judgment in favor of Progressive Northern Insurance Company, upholding the validity of the uninsured motorist exclusion and denying coverage to Christopher Peace.

Whether the uninsured motorist coverage exclusion for a vehicle furnished for the insured's regular use by an employer violates Wisconsin's uninsured motorist statute, Wis. Stat. § 632.32, or the portable nature of UM coverage under state law.

The decision clarifies the limits of uninsured motorist portability in Wisconsin, confirming that insurers may enforce exclusions for accidents involving non-owned vehicles regularly used by the insured, which impacts how auto policies are interpreted and how individuals obtain coverage for work-related driving.