Legal Opinion · Concurrence

Teschendorf v. State Farm Ins. Companies

Wisconsin Supreme Court

Decided July 7, 2006No. 2003AP3521Published

1ConcurrenceDavid T. Prosser, J.

¶ 72. (concurring). I write separately to address American Family's policy. In my view, American Family's reducing clause would not pass muster on these facts — irrespective of any statute— because it is at war with the reasonable expectation of its insured.

¶ 73. In interpreting insurance policies, courts apply the same rules of interpretation that apply to contracts generally. Folkman v. Quamme, 2003 WI 116, ¶ 12, 264 Wis. 2d 617, 665 N.W.2d 857. The objective in interpreting insurance policies is to give effect to the intent of the parties. State Farm Mut. Auto. Ins. Co. v. *162Langridge, 2004…

2Cases cited6 opinions

  1. Folkman v. QuammeWisconsin Supreme Court · 2003
  2. Dowhower v. West Bend Mutual InsuranceWisconsin Supreme Court · 2000
  3. Badger Mutual Insurance v. SchmitzWisconsin Supreme Court · 2002
  4. State Farm Mutual Automobile Insurance v. LangridgeWisconsin Supreme Court · 2004
  5. Taylor v. Greatway InsuranceWisconsin Supreme Court · 2001

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