State Farm Mutual Automobile Insurance v. Continental Casualty Co.
Court of Appeals of Wisconsin
1Opinion of the CourtNettesheim, P.J.
In this appeal we hold that seven State Farm Mutual Automobile Insurance Company policies provide coverage for the accident. As a result, all seven State Farm policies shall be prorated with a single Continental Casualty Company (CNA) policy in determining the amount each insurer shall contribute to pay the injured claimant's agreed damages. We reverse the trial court's declaratory summary judgment which held that only one State Farm policy should be prorated.
FACTS
The Policies and the Accident
The facts are straightforward and are not disputed. At the time of the accident, Thomas Wieland was…
2Cases cited4 opinions
- Carrington v. St. Paul Fire & Marine InsuranceWisconsin Supreme Court · 1992
- West Bend Mutual Insurance v. PlaymanWisconsin Supreme Court · 1992
- Agnew v. American Family Mutual InsuranceWisconsin Supreme Court · 1989
- Heritage Mutual Insurance v. St. Paul Mercury InsuranceCourt of Appeals of Wisconsin · 1987
3Cited by11 opinions
- Society Insurance v. Town of FranklinCourt of Appeals of Wisconsin · 2000
- Schult v. Rural Mutual InsuranceCourt of Appeals of Wisconsin · 1995
- Randal Strauss v. Chubb Indemnity Insurance CompCourt of Appeals for the Seventh Circuit · 2014
- Weimer v. Country Mutual InsuranceCourt of Appeals of Wisconsin · 1997
- Society Insurance v. Capitol Indemnity Corp.Court of Appeals of Wisconsin · 2003
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