By: Derek Hawkins//August 22, 2017//
WI Court of Appeals – District I
Case Name: LIR Investments LLC, v. Steven Stokelbusch Insurance Agency, Inc., et al.
Case No.: 2016AP1386
Officials: Kessler, Brash and Dugan, JJ.
Focus: Unlawful Insurance Policy Cancellation
Wisconsin Mutual Insurance Company appeals an order granting declaratory judgment to Steven Stokelbusch, Stokelbusch Insurance Agency, Inc., and Westport Insurance Corporation (collectively, “Stokelbusch”). We affirm
The issue on appeal is whether Wisconsin Mutual’s cancellation of the October 23, 2013 policy in December 2013 was prohibited by WIS. STAT. § 631.36 as an unlawful midterm cancellation. Specifically, whether the October 23, 2013 policy was a new policy that had not been previously renewed pursuant to § 631.36(2)(c). The circuit court found that the policy was renewed and thus rendered Wisconsin Mutual’s cancellation of the policy an unlawful midterm cancellation under the statute. Wisconsin Mutual contends that this finding was erroneous because: (1) the circuit court equated the term “reissue”— the term used on the October 23, 2013 policy—with the term “renew”; (2) the effect of this equation will have devastating effects on the insurance industry; and (3) the court’s finding is contrary to the legislative intent behind § 631.36. We disagree.
Recommended for Publication