West v. American Standard Insurance Company of Wisconsin

(Court opinion corrected 8/29/11.) Plaintiff sued adverse driver's insurer for injuries to himself and his passenger from collision. Adverse driver's mother had car policy and truck policy with insurer. As adverse driver was driving truck at time of collision, the car policy was inapplicable, and the exclusion in the car policy excludes Plaintiff from recovering from that policy. Insurer did not waive exclusion by not asserting it in its reservation of rights letter. (CUNNINGHAM and CONNORS, concurring.)