Iaquinta v. Allstate Ins. Co

In Iaquinta v. Allstate Ins. Co., 180 Wis. 2d 661, 510 N.W.2d 715 (Ct. App. 1993), the Court examined an insurance policy issued in Wisconsin to a Wisconsin resident who, like Danielson, alleged both negligent driving and negligent entrustment. In Iaquinta, the Court concluded that Wisconsin's omnibus statute required that full policy coverage be afforded to two tortfeasors, which raised the insurer's liability to $ 200,000. See Iaquinta, 180 Wis. 2d at 665-66. Specifically, the Court concluded that Wis. Stat. 632.32(3) required that full policy coverage be provided in cases where both the named insured and the additional insured are actively negligent. See id. at 666. Wisconsin Stat. 632.32 provides in relevant part: Provisions of motor vehicle insurance policies. .... (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.