Underinsured Motorist (UIM) Coverage

Listen to this article

WI Court of Appeals – District III

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

Case No.: 2022AP001463

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

Focus: Underinsured Motorist (UIM) Coverage

Meisner was seriously injured in an automobile accident. He eventually filed suit against the driver of another vehicle involved in the accident, Jon Mineau, and Mineau’s automobile insurer, State Farm Mutual Automobile Insurance Company. Meisner also named his own automobile insurer, Trumbull, as a defendant, seeking to recover under the UIM provisions of his policy. Meisner alleged that Mineau had caused the accident and was underinsured relative to Meisner’s extensive injuries. Meisner appeals from an order, entered following a remand from this court, that reduced the amount of available underinsured motorist (UIM) coverage from his automobile insurance carrier, Trumbull Insurance Company, by the amount Meisner had been paid by another insurer. Specifically, Meisner challenges the circuit court’s determination that a stipulation entered into by the parties during litigation incorporated a UIM reducing clause from Meisner’s policy with Trumbull. The appeals court concludes that the circuit court’s factual finding that the parties intended their stipulation to incorporate the reducing clause is not clearly erroneous, and rejects Meisner’s additional arguments that the circuit court erroneously exercised its discretion.

Affirmed.

Decided 08/08/23

Full Text