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KAUN v. INDUSTRIAL FIRE & CASUALTY

No. 85-1286.

142 Wis.2d 650 (1987)

419 N.W.2d 272

Eileen C. KAUN, Plaintiff-Appellant, BADGER MUTUAL INS. CO., a domestic corporation, Intervening Plaintiff-Respondent, v. INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY and Daniel J. Smith, Defendants.

Court of Appeals of Wisconsin.

Decided December 16, 1987.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs and oral argument of Mortin Gollin of Palm Springs, CA.

On behalf of the intervening plaintiff-respondent, the cause was submitted on the briefs of Kurt H. Frauen and James F. Boyle of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee, with oral argument by Kurt H. Frauen.

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

BROWN, P.J.

We must decide whether this is an uninsurance case or an underinsurance case; the difference is significant in that different case law may apply, affecting the enforceability of a reducing clause. We conclude, based on the facts presented and applying those facts to the policy, that this case should properly be viewed as one of underinsurance. As such, this case is controlled by Kuehn v. Safeco Ins. Co. of...

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