In Joshua Balde v. Olivia Haas (2017AP2173), the Court of Appeals District III held that, in a coverage dispute related to a UTV accident, coverage from the property insurer was not due because another insurer covered the UTV.

Mt. Morris Mutual Insurance Co. issued an insurance policy on the property where the accident occurred. The Mt. Morris policy defined an insured as someone permissibly operating motor equipment on the property “if there is no other insurance covering the liability available to them.”

Wisconsin Mutual Insurance Co. issued an insurance policy on the UTV. However, since its policy only applied excess coverage over other applicable insurance policies, Wisconsin Mutual argued it is not an “available” insurance as stated in the Mt. Morris policy.

The court sided with Mt. Morris because the plain language of its policy states that the UTV driver is not an insured because the Wisconsin Mutual policy was “available” to her.