Legal Opinion · Dissent

Badger Mutual Insurance v. Schmitz

Wisconsin Supreme Court

Decided July 10, 2002No. 00-2682Published

1DissentN. Patrick Crooks, J.

¶ 76. (dissenting). I cannot join the majority's opinion because in examining the insurance contract as a whole, the majority completely ignores the unambiguous UIM reducing clause. I would affirm the court of appeals' decision because when the unambiguous UIM reducing clause is read together with thé rest of the policy, I conclude that the reducing clause is not susceptible to more than one interpretation. Accordingly, I respectfully dissent.1

*94¶ 77. In one breath the majority concludes that the UIM reducing clause here is unambiguous and not contrary to public policy since it complies with…

2Cases cited8 opinions

  1. Smith v. Atlantic Mutual InsuranceWisconsin Supreme Court · 1990
  2. Dowhower v. West Bend Mutual InsuranceWisconsin Supreme Court · 2000
  3. Taylor v. Greatway InsuranceWisconsin Supreme Court · 2001
  4. Sukala v. Heritage Mutual InsuranceCourt of Appeals of Wisconsin · 2000
  5. Estate of Dorschner Ex Rel. Dorschner v. State Farm Mutual Automobile InsuranceCourt of Appeals of Wisconsin · 2001

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