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eBook details

• Title: Ronald H. Wood v. American Family Mutual
• Author : Third Circuit U.S. Court Of Appeals
• Release Date : January 09, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

This is an appeal from a judgment of the circuit court for Dane county, Moria Krueger, circuit Judge, granting Ronald H. Woods motion for summary judgment in the amount of $133,753.42, plus costs. This court granted a petition to bypass the court of appeals, pursuant to sec. (Rule) 809.60, Stats. There are two issues raised in this appeal. The first issue is whether a drive-other-car exclusion in an underinsured motorist (UIM) provision of an insurance policy is valid and enforceable under Wisconsin law so as to prevent stacking of UIM benefits. The second issue is whether the reducing clause in the UIM provision of each insurance policy at issue in this case is valid and enforceable under Wisconsin law so as to reduce UIM benefits recoverable under the policys limit by the amount received by the insured from the underinsured drivers liability policy. We conclude that the drive-other-car exclusion involved in this case is invalid and unenforceable under sec. 631.43(1), Stats. In addition, we conclude that the reducing clause in the UIM provision of each insurance policy at issue does not reduce UIM benefits recoverable under the policys limit by the amount received by the insured from the underinsured drivers liability policy. Rather, the "amounts payable" from each UIM provision at issue in this case are measured against the insureds total damages, and the reducing clauses reduce UIM benefits by subtracting from the total damages sustained by the insured the amount received by the insured from the underinsured drivers liability policy.

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