By: WISCONSIN LAW JOURNAL STAFF//July 5, 2012//
Wisconsin Supreme Court
Civil
Insurance — umbrella policies — UM coverage
An umbrella policy’s does not afford first-party uninsured motorist coverage, because it unambiguously provides only excess third-party liability coverage.
“We conclude that the Executive Umbrella policy at issue does not afford first-party UM coverage. The policy’s grant of coverage unambiguously provides only excess third-party liability coverage. Further, the language and structure of the endorsement to the Executive Umbrella policy demonstrate that the endorsement reaffirms the umbrella policy’s exclusion of first-party coverage. Additionally, an exception to that exclusion clarifies that the exclusion is not intended to interfere with first-party coverage in other Auto-Owners policies that are referred to in Schedule A. Accordingly, we conclude that the circuit court’s summary judgment in favor of Auto-Owners was proper, and therefore, we reverse the decision of the court of appeals.”
Reversed.
2009AP2752 Wadzinski v. Auto-Owners Ins. Co.
Roggensack, J.
Attorneys: For Appellant: Burnett, R. George, Green Bay; For Respondent: Thompson, John M., Green Bay; Kurtz, Arthur E., Madison; Barber, Timothy M., Madison; McAlvanah, Daniel P., Madison