Dowhower v. West Bend Mutual Insurance

¶ 1. West Bend Mutual Insurance Company (West Bend) appeals the circuit court's judgment declaring that Wis. Stat. § 632.32(5)(i)l (1995-96)1 violates the substantive due process clause in Wis. Const, art. I, § l,2 and U.S. Const, amend. XTV, § l.3 Section 632.32(5)(i) authorizes the use of a type of reducing clause as a permissible provision in uninsured or underinsured motor vehicle insurance (UIM). A reducing clause permits a setoff from the insured's UIM coverage the amount paid to the insured by the underinsured tortfeasor. The statute provides, in relevant part,(i) A policy may provide…