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NELSON v. DAVIDSON

Nos. 88-1769, 88-1854.

155 Wis.2d 674 (1990)

456 N.W.2d 343

Gloria J. Brunckhorst NELSON, Plaintiff-Appellant, v. Paul R. DAVIDSON, American Home Assurance Company and State Farm Mutual Automobile Insurance Company, Defendants-Respondents. Rachel PRITCHARD, in her own right, and as special administrator of the estate of Lynn L. Pritchard and Carolyn Pritchard, Plaintiffs-Appellants, v. Henry G. BAIER, American Home Assurance Company, and State Farm Mutual Automobile Insurance Company, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided June 14, 1990.

Attorney(s) appearing for the Case

For the plaintiff-appellant (in Nos. 88-1769) there were briefs (in court of appeals) by Sverre O. Tinglum, Ardell W. Skow and Doar, Drill & Skow, S.C., Baldwin, and oral argument by James Drill.

For the defendants-respondents (in No. 88-1769) there was a brief (in court of appeals) by Lawrence R. King, Kim Z. Mastro and Murnane, Conlin, White, Brandt & Hoffman, St. Paul, Minnesota, and oral argument by Kim Z. Mastro.

For the plaintiff-appellant (in No. 88-1854) there were briefs (in court of appeals) by Sverre O. Tinglum, Ardell W. Skow and Doar, Drill & Skow, S.C., Baldwin, and oral argument by James Drill.

For the defendants-respondents (in No. 88-1854) there was a brief (in court of appeals) by Lawrence R. King, Kim Z. Mastro and Murnane, Conlin, White, Brandt & Hoffman, St. Paul, Minnesota, and oral argument by Kim Z. Mastro.

Amicus Curiae brief was filed (in No. 88-1854) by Noreen J. Parrett and LaFollette & Sinykin, Madison for Wisconsin Insurance Alliance, Professional Insurance Agents of Wisconsin, Independent Insurance Agents of Wisconsin and Wisconsin Association of Life Underwriters.

WILLIAM A. BABLITCH, J.

The plaintiffs in these consolidated cases were involved in auto accidents where the negligent party had insufficient insurance to cover the damages. Prior to the accidents, both plaintiffs had obtained insurance coverage from State Farm Mutual Automobile Insurance Company (State Farm), but each lacked underinsured motorist (UIM) coverage. We accepted certification to determine whether an insurance agent owes an affirmative duty to advise its...

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