By: Derek Hawkins//January 20, 2022//
WI Court of Appeals – District IV
Case Name: Audrey Tuohy v. Artisan and Truckers Casualty Company
Case No.: 2020AP1793
Officials: Kloppenburg, Fitzpatrick, and Nashold, JJ.
Focus: Insurance – Uninsured Motorist Coverage
This appeal concerns WIS. STAT. § 632.32(5)(i) (2019-20), which permits an insurer to offset underinsured motorist (UIM) or uninsured motorist (UM) coverage limits to account for payments from other sources. The question is whether § 632.32(5)(i) allows an insurer to twice offset a single payment from the UIM tortfeasor’s insurer, by applying that reduction to both UIM and UM coverage limits. We conclude that § 632.32(5)(i) does not permit this type of double reduction. Accordingly, we affirm the judgment awarding Audrey Tuohy, the injured insured, the disputed portion of her UM payment. We further conclude that this appeal is not frivolous and therefore deny Audrey’s motion for costs and fees under WIS. STAT. RULE 809.25(3).