Uninsured Motorist Coverage

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WI Court of Appeals – District III

Case Name: John Pechacek v. State Farm Mutual Automobile Insurance Company et al

Case No.: 2015AP528

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Uninsured Motorist Coverage

State Farm Mutual Automobile Insurance Company appeals a summary judgment in this dispute regarding uninsured motorist (UM) coverage. Joann Pechacek has three motor vehicle insurance policies with State Farm, one for each vehicle she owns. Following the accident at issue, State Farm paid Pechacek an amount equal to the per-person limit of UM coverage available under the policy describing the vehicle in which Pechacek was riding at the time of the accident. State Farm contends the circuit court erred when it determined Pechacek was entitled to “stack” UM coverages provided by the other two motor vehicle policies. Because a “drive other car” exclusion in these two policies precludes coverage for the accident at issue (and therefore precludes stacking of the three policies’ coverage limits), we agree with State Farm and reverse.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.