Insurance Claim – Coverage

By: Derek Hawkins//June 16, 2021//

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WI Court of Appeals – District III

Case Name: Mark F. Meisner, et al., v. State Farm Mutual Automobile Insurance Company, et al.,

Case No.: 2019AP2283

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

Focus: Insurance Claim – Coverage

Trumbull Insurance Company appeals a judgment finding it liable to Mark Meisner in the amount of $250,000, which was the maximum amount of underinsured motorist (UIM) coverage available under a policy Trumbull had issued to Meisner. Trumbull asserts the circuit court erred by determining that a stipulation between Trumbull and Meisner was unambiguous and did not incorporate a reducing clause from the policy that reduced the liability limit by any amounts collected from the tortfeasor. We conclude the stipulation is ambiguous in this regard. We therefore reverse the judgment and remand for a determination of the parties’ intent, using extrinsic evidence, regarding the agreed-to payment limits under the stipulation.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.

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