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Insurance — motor vehicle policies — underinsured motor vehicles

By: WISCONSIN LAW JOURNAL STAFF//November 2, 2011//

Insurance — motor vehicle policies — underinsured motor vehicles

By: WISCONSIN LAW JOURNAL STAFF//November 2, 2011//

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Wisconsin Court of Appeals

Civil

Insurance — motor vehicle policies — underinsured motor vehicles

Lynn Bethke, individually and as personal representative of the Estate of Kathryn A. Bethke, and Andrew Bethke appeal from a declaratory judgment granted in favor of Auto-Owners Insurance Company. Kathryn Bethke’s vehicle was insured by Owners when she was involved in an accident with a self-insured rental vehicle. Owners denied coverage to the Bethkes based on its policy definition of “underinsured motor vehicle,” which excludes coverage for a vehicle that is owned or operated by a self-insurer under any automobile law. We conclude that Owners’ definitional exclusion of vehicles that are owned or operated by a self-insurer is permitted under Wisconsin law and, contrary to the Bethkes’ contention, does not result in an impermissible reducing clause. We affirm the judgment. Not recommended for publication in the official reports.

2010AP3153 Bethke v. Auto-Owners Insurance Company

Dist II, Sheboygan County, Stengel, J., Neubauer, P.J.

Attorneys: For Appellant: Te Winkle, William P., Sheboygan; Waldon, Stephanie Erin, Sheboygan; For Respondent: Schmidt, Richard E., Milwaukee; Calkins, Thomas T., Milwaukee

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