Alice M. Iaquinta v. Allstate Insurance

SULLIVAN, J. Alice M. Iaquinta appeals from a judgment entered upon defendants' motion for declaratory judgment limiting
her recovery to $25,000 under a liability policy issued by Allstate Insurance Company to Tracy Monroe covering an automobile
owned by Tracy and her father Frank Monroe. 1 The sole issue presented on appeal is whether the omnibus statute, sec. 632.32(3),
Stats., 2 requires Allstate to provide full and separate coverage to both a negligent entruster-owner of the vehicle and
the negligent entrustee-driver despite clear language in the policy which limits coverage to $25,000 per person, and $50,000
per occurrence. 3 We conclude that it does. The facts of this case are undisputed. Iaquinta sustained permanent injuries when the insured automobile, operated recklessly
by Todd Rasmussen, who was intoxicated, struck Iaquinta's automobile. Tracy Monroe had allowed Rasmussen to drive her automobile,
and was a passenger at the time of the accident. Upon cross-motions for declaratory judgment, the parties stipulated that
the facts set forth in the complaint were true--that Rasmussen had negligently operated the automobile and that Monroe had
negligently entrusted the automobile to Rasmussen. The parties informed the court: