Insurance — UIM coverage — stacking

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Wisconsin Court of Appeals

Civil

Insurance — UIM coverage — stacking

Section 632.32(6)(d) (2009-10) does not require an insurer to “stack” the underinsured motorist coverage in a Public Entity Liability Insurance Policy, by multiplying the UIM limit in the liability policy by the number of vehicles in the insured’s fleet.

“Flynn testified that the Policy’s premium did not increase between 2008 and 2010 when Milwaukee County added underinsured and uninsured motorist coverage to the Policy, also implying that the number of vehicles in Milwaukee County’s fleet was not a factor in calculating the Policy’s premium.”

“In sum, because we conclude that Milwaukee County paid one premium to County Mutual as set forth on the declaration’s page of the Policy, we must also conclude that WIS. STAT. § 632.32(6)(d)’s stacking requirement is inapplicable and we affirm.”

Affirmed.

Recommended for publication in the official reports.

2013AP1659 Bodish v. West Bend Mut. Ins. Co.

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

Attorneys: For Appellant: Leavell, Jeffrey L., Racine; Glaser, Joanna Ruth, Racine; For Respondent: Lubinsky, Lori M., Madison; Barber, Timothy M., Madison