Insurance — automobile policies – stacking — drive other car exclusions

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Wisconsin Court of Appeals

Civil

Insurance — automobile policies – stacking — drive other car exclusions

Mark A. Saladin and Debra Saladin appeal the circuit court’s summary judgment order dismissing Progressive Northern Insurance Company from their lawsuit. This insurance coverage dispute requires us to determine whether Wis. Stat. § 632.32(5)(j) (2009-10)[1] (authorizing certain “drive other car” exclusions) and § 632.32(6)(d) (prohibiting antistacking provisions in underinsured motorist (“UIM”) coverage) permit insurance companies to prohibit “stacking,” i.e., adding together UIM coverages, under separate policies, during the two-year period when both statutes were in force. Consistent with our recent decision in Belding v. Demoulin, 2013 WI App 26, 346 Wis. 2d 160, 828 N.W.2d 890 (petition for certiorari granted), we conclude that under these provisions, Progressive Northern’s “drive other car” exclusion cannot prevent stacking UIM coverages here. Thus, we reverse the circuit court’s summary judgment order dismissing Progressive Northern and remand for further proceedings consistent with this opinion. Not recommended for publication in the official reports.

2012AP1649 Saladin, et al. v. Progressive Northern Insurance Company, et al.

Dist I, Milwaukee County, Witkowiak, J., Brennan, J.

Attorneys: For Appellant: Kukor, Kevin J., Milwaukee; Stachowiak, Keith R., Milwaukee; Zimmermann, Moses J., Milwaukee; For Respondent: Snedeker, Steven J., Waukesha