Martin v. Milwaukee Mutual Insurance Co.

This is an appeal from two orders of the circuit court of Racine county, Hon. Stephen Simanek, Judge. This case was accepted on certification from the court of appeals pursuant to sec. 809.61, Stats. (1985-86).

The question as certified is: "Whether a passenger who is not a named insured may 'stack’ 1 the uninsured motorist policies of the driver.”

Under the uninsured motorist provisions of the policies in force in this case another way of phrasing the question is: May a "person occupying an insured automobile” (occupancy insured) but who is not a "named insured [or] ... relative” recover under…