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01-1302 Janssen v. State Farm Mutual Insurance Co.

By: dmc-admin//February 18, 2002//

01-1302 Janssen v. State Farm Mutual Insurance Co.

By: dmc-admin//February 18, 2002//

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“We conclude that the unambiguous language of Wis. Stat. § 632.32(5)(i)1 and the State Farm policy refers to payments made by and on behalf of tortfeasors, and not to payments made pursuant to the insured’s own uninsured motorist coverage. Our conclusion is consistent with Wisconsin Supreme Court precedent interpreting similar language in a health insurance policy’s subrogation clause. …

“We conclude that Wis. Stat. § 632.32(5)(i)1 unambiguously refers to payments made by and on behalf of tortfeasors, and not to payments made pursuant to the insured’s own uninsured motorist coverage. Our conclusion is supported by the definition of the word ‘responsible’ and the principle that in interpreting a statute, courts must attempt to give effect to every word, so as not to render any portion of the statute superfluous. … We conclude the word ‘responsible’ refers to the person or organization that caused the bodily injury or death-the tortfeasor.

“In other words, we conclude that the phrase ‘Amounts paid by or on behalf of any person or organization that may be legally responsible for the bodily injury or death for which the payment is made’ allows a reduction of amounts paid by the tortfeasor, or on behalf of the tortfeasor (such as payments made by a liability insurer), for bodily injury or death caused by the tortfeasor, whether the tortfeasor is a person or an organization (such as a corporation). A payment made by an injured person’s own uninsured motorist policy is payment by a contractually liable party, … not by a ‘responsible’ party.”

Reversed and remanded with directions.

Recommended for publication in the official reports.

Dist III, Outagamie County, Gage, J., Cane, C.J.

Attorneys:

For Appellant: I. Gregg Curry IV, Kaukauna; Stephen C. Dozer, Kaukauna

For Respondent: Patrick J. Coffey, Appleton

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