By: WISCONSIN LAW JOURNAL STAFF//December 27, 2012//
Wisconsin Court of Appeals
Civil
Insurance — UIM coverage — reducing clauses
Joseph, Jani, and David Kott appeal a summary judgment dismissing their claim against their automobile insurer, American Family Mutual Insurance Company. The Kotts sought to recover under their policy’s underinsured motorist (UIM) provision after Joseph, who was driving an all-terrain vehicle (ATV) provided by his employer, was injured in an accident with an underinsured vehicle. Pursuant to a reducing clause in the Kotts’ policy, the circuit court concluded their $1 million UIM coverage limit should be reduced by a $1 million payment they recovered from Joseph’s employer. We agree and affirm. This opinion will not be published.
2012AP1247-FT Kott v. American Family Mutual Insurance Company, et al.
Dist III, Chippewa County, Cray, J., Per Curiam
Attorneys: For Appellant: Ryberg, J. Drew, Eau Claire; For Respondent: Johnson, James R., Hudson; Graham, Thomas J., Jr., Eau Claire