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HERITAGE MUTUAL INS. v. ST. PAUL INS.

No. 87-0287.

141 Wis.2d 141 (1987)

413 N.W.2d 664

HERITAGE MUTUAL INSURANCE COMPANY, Plaintiff-Respondent, v. ST. PAUL MERCURY INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided August 26, 1987.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Fellows, Piper & Schmidt of Milwaukee, with oral argument by attorney Richard E. Schmidt.

On behalf of the plaintiff-respondent, there was a brief and oral argument by attorney James W. Mohr, Jr., of Hartford.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

SCOTT, C.J.

This case involves the interpretation of "other insurance" clauses which require multiple insurers to bear proportionate liability for insured losses. Because we conclude that the pro rata share between insurers is based on the stated policy limits rather than the coverage available to the insured through "stacking," we affirm.

Heritage Mutual Insurance Company (Heritage) and St. Paul Mercury Insurance...

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