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KRAUSE v. MASSACHUSETTS BAY INS. CO.

No. 90-1504.

161 Wis.2d 711 (1991)

468 N.W.2d 755

Mary J. KRAUSE and Jack Krause, Plaintiffs-Respondents, v. MASSACHUSETTS BAY INS. CO., a foreign insurance corporation, Defendant-Appellant, HEALTH PROTECTION PLAN, Defendant.

Court of Appeals of Wisconsin.

Decided March 12, 1991.

Attorney(s) appearing for the Case

On behalf of defendant-appellant, the cause was submitted on the briefs of and orally argued by Thomas J. Binder of Otjen, Van Ert, Stangle, Lieb & Weir, S.C. of Milwaukee.

On behalf of plaintiffs-respondents, the cause was submitted on the brief of and orally argued by Steven G. Danielson of Herrick, Hart, Duchemin, Danielson & Guettinger, S.C. of Eau Claire.

On behalf of the Wisconsin Academy of Trial Lawyers, the cause was submitted on the amicus curiae brief of Virginia M. Antoine of Habush, Habush & Davis, S.C. of Milwaukee.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Massachusetts Bay Insurance Company, the plaintiffs' automobile liability insurer, appeals a summary judgment allowing the plaintiffs to stack the underinsured motorist (UIM) benefits of their Mass Bay policy.1 The circuit court reasoned that Mass Bay's insurance contract should be construed as two policies because the insured plaintiffs were charged two separate premiums for coverage...

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