2010AP1573 Wilson Mutual Ins. Co. v. Risler

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Insurance
Notice of nonrenewal

An occurrence that occurred more than one year after an umbrella policy expired is not covered, even though the insurer failed to provide the notice required by sec. 631.36(4)(a).

“We hold that neither a violation of Wis. Stat. § 631.36(4)(a) nor the contractual language at issue results in a perpetual term of coverage for an insured. The proper remedy for a violation of § 631.36(4)(a) and the terms of the policy is to allow the insured the opportunity to renew the policy for a length of time equal to the length of the expiring term. Risler’s umbrella policy was for a one-year term; therefore, Risler’s ability to renew his policy based upon Wilson Mutual’s failure to give the required notice expired on May 29, 2008. As the car accident occurred more than one year after Risler’s umbrella policy expired, Risler had no right to renew the policy.”

Reversed.

Recommended for publication in the official reports.

2010AP1573 Wilson Mutual Ins. Co. v. Risler

Dist. III, Buffalo County, Duvall, J., Reilly, J.

Attorneys: For Appellant: Weber, Terri L., Manitowoc; Wallace, Justin F., Manitowoc; For Respondent: Waterman, R. Michael, Hudson; Danielson, Steven G., Eau Claire; Winston, Scott, Eau Claire

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