Krause v. Massachusetts Bay Ins. Co.

Massachusetts Bay Insurance Company, the plaintiffs' automobile liability insurer, appeals a summary judgment allowing the plaintiffs to stack the underinsured motorist (UIM) benefits of their Mass Bay policy. The circuit court reasoned that Mass Bay's insurance contract should be construed as two policies because the insured plaintiffs were charged two separate premiums for coverage of their vehicles, and any attempt by Mass Bay to avoid aggregate coverage through its "Limit of Liability" clause runs afoul of Wisconsin's stacking statute, sec. 631.43(1), Stats. We agree and affirm.

The…