Badger Mutual Insurance v. Schmitz
Wisconsin Supreme Court
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
- Smith v. Atlantic Mutual InsuranceWisconsin Supreme Court · 1990
- Dowhower v. West Bend Mutual InsuranceWisconsin Supreme Court · 2000
- Taylor v. Greatway InsuranceWisconsin Supreme Court · 2001
- Sukala v. Heritage Mutual InsuranceCourt of Appeals of Wisconsin · 2000
- Estate of Dorschner Ex Rel. Dorschner v. State Farm Mutual Automobile InsuranceCourt of Appeals of Wisconsin · 2001
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