Sentry Insurance Company v. Providence Book Reviews

Sentry Insurance Company v. Providence by Court of Appeals of Wisconsin Book Summary

On July 10, 1971, Jerome Stujenske was sitting in an automobile, owned by Raymond Kurkowski, which had just stopped at a curb. Stujenske, who was seated in the back seat of the Kurkowski automobile, exited the car on the left-hand side, and walked in front of the Kurkowski automobile in order to get onto the sidewalk. While Stujenske was in front of the Kurkowski automobile, the Kurkowski automobile was struck from the rear by an uninsured motorist. The impact forced the Kurkowski automobile forward until it struck an automobile parked in front of it, in the process pinning Stujenske between the automobiles. The Kurkowski automobile was insured by the defendant, Providence Washington Insurance Company. Stujenske owned an automobile insured by the plaintiff, Sentry Insurance Company. Sentry paid Stujenske $15,000, the policy limits under his uninsured motorist coverage. Sentry then brought the present action against Providence, contending that Providence had the primary coverage with respect to the accident, and claiming that Sentry was entitled to indemnification for the money it paid Stujenske. Providence contended at trial, and contends on appeal, that there was no coverage under its policy, because Stujenske was not occupying the Kurkowski automobile at the time of collision.

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