Badger Mutual Insurance v. Schmitz

¶ 1. This is a review of an unpublished decision of the court of appeals1 that reversed a decision of the circuit court for Outagamie County, James T. Bayorgeon, Judge. There are two issues before the court.

¶ 2. First, does this court's decision in Dowhower v. West Bend Mutual Insurance Co., 2000 WI 73, 236 Wis. 2d 113, 613 N.W.2d 557, preclude a court from finding that an unambiguous clause reducing the un-derinsured motorists (UIM) liability of an insurer, is ambiguous in the context of a specific policy?

¶ 3. Second, if the answer to the first question is "no," is the reducing clause in the…