SOBIESKI v. FARMERS INS. EXCHANGE

No. 93-0579.

181 Wis.2d 324 (1993)

510 N.W.2d 796

Donald SOBIESKI, Plaintiff-Appellant, v. FARMERS INSURANCE EXCHANGE, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 22, 1993.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of T. Michael Schober and Ronald S. Stadler of Schober & Radtke, S.C., of New Berlin.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Michael L. Quirk and Timothy L. Lyons of O'Neill, Schimmel, Quirk & Carroll, S. C., of Milwaukee.

Before Brown, Nettesheim and Snyder, JJ.


BROWN, J.

We hold that under the language of the insurance contract at issue here, when the insurer defined uninsurance as specifically including underinsurance, all Wisconsin case law concerning an insurer's duties and limitations in uninsurance situations applied instead of that case law relating to underinsurance. We reverse the trial court's judgment dismissing the complaint grounded upon its belief that a "drive other cars" exclusion applied because this was...

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