Weimer v. Country Mutual Insurance Co.

SHIRLEY S. ABRAHAMSON, CHIEF JUSTICE

¶ 39. (dissenting). I dissent because I conclude that Wis. Stat. § 631.43(1) (1993-94) permits the plaintiff to stack the liability policy for the defendant-insured's truck and the liability policy for the defendant-insured's trailer when both are driven together and cause bodily injury.

¶ 40. Wis. Stat. § 631.43(1) provides that stacking is permitted when an insured has two or more insurance policies protecting against the same loss. See Agnew v. American Family Mut. Ins. Co., 150 Wis. 2d 341, 349, 441 N.W.2d 222 (1989). The question presented is whether…