Bartel v. Carey

In Bartel v. Carey, 127 Wis. 2d 310, 379 N.W.2d 864 (Ct. App. 1985), the court considered the exception in the context of a traffic accident in which a band's equipment trailer detached from the van and struck a car, killing an occupant. In Bartel, the court concluded that, while hitching a trailer and traveling were activities common to every day life, they must be examined in the immediate context of the activity from which the claim arises. Because the van and trailer were being used for business purposes, that use "tainted" any subjective non-business character the activities might have had. "To hold otherwise would implicate two unreasonable results: robbing the exception of effect and expanding coverage to risks not contemplated under the policy." See id. at 318.