Uninsured Motorist Coverage

By: Derek Hawkins//August 2, 2016//

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WI Court of Appeals – District III

Case Name: Steven Daniel Foster v. Regent Insurance Company, et al

Case No.: 2014AP2592

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

Focus: Uninsured Motorist Coverage

This underinsured motorist (UIM) insurance coverage dispute arises under the 2009-10 version of WIS. STAT. § 632.32 (Truth in Auto Law). 1 Steven Foster appeals a judgment awarding him $238,244.50 and taxable costs. Foster claims the circuit court erred by reducing the monetary award in the jury’s special verdict pursuant to a setoff provision in Regent Insurance Company’s UIM endorsement. Foster contends the provision is unenforceable and should not be applied. In the alternative, he argues that even if the setoff provision is valid, the court erred when it eliminated his entire award for past and future loss of earning capacity. We reject Foster’s arguments and affirm the judgment.

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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.

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