American Family Mutual Insurance v. Martin

Plaintiff, American Family Mutual Insurance Company, appeals the trial court’s order granting summary judgment to defendant, Betty J. Martin as special administrator of the estate of Timothy E. Martin. The court declared that defendant may recover underinsured motorist benefits under each of two policies issued by plaintiff. Plaintiff argues that the court erred by failing to apply unambiguous clauses in both policies that prohibit the stacking of underinsured motorist benefits.

Timothy Martin was killed by a car driven by Jason Theisman. Defendant was appointed the special administrator of…