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Insurance – coverage — breach of contract

By: WISCONSIN LAW JOURNAL STAFF//January 18, 2012//

Insurance – coverage — breach of contract

By: WISCONSIN LAW JOURNAL STAFF//January 18, 2012//

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Wisconsin Court of Appeals

Civil

Insurance – coverage — breach of contract

Where an insured did everything requested by the insurer and its agent to obtain coverage, the insured has coverage for an occurrence, even if he did not yet pay the premium at the time of the occurrence.

“Thorson acted appropriately at every stage of the process. Thorson first received a ‘nonrenewal notice’ from Progressive informing him that he would not receive an offer to renew because a new company within Progressive would be issuing the policy. Thorson, however, also received a ‘renewal bill’ and a ‘renewal reminder,’ which stated that payment was due by October 22, 2008. The original ‘nonrenewal notice’ stated that Thorson should contact his agent. Thorson did as instructed and called Anson to ask for quotes for adding UM/UIM coverage. Anson provided him with the rates, and Thorson agreed to purchase $500,000 of coverage. When he asked how he should pay, Anson told him to wait for an invoice. Anson received confirmation from Progressive prior to October 23, 2008, that the umbrella policy was in force and that the UM/UIM coverage was added. Thorson had not received an invoice from Progressive as of October 23, 2008. As Progressive did not require Thorson to pay the premium on the bound coverage prior to October 22, 2008, we hold that the $500,000 of UM/UIM coverage within the umbrella policy was in force on October 22, 2008.”

Reversed and Remanded.

Recommended for publication in the official reports.

2011AP2 Artisan & Truckers Casualty Co. v. Thorson

Dist. II, Waukesha County, Davis, J., Reilly, J.

Attorneys: For Appellant: Conway, Daniel C., Brookfield; Robison, Brandon Jon, Brookfield; For Respondent: Devine, Thomas M., Racine

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