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ROEHL v. AMERICAN FAMILY MUT. INS. CO.

No. 98-1207-FT.

222 Wis.2d 136 (1998)

585 N.W.2d 893

Steven H. ROEHL and Karoline J. Roehl, Plaintiffs-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent, Travis J. CRAGO and Shawn L. Crago, Defendants, REGAL WARE, INC., Necessary-Party.

Court of Appeals of Wisconsin.

Decided September 23, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Michael J. Ganzer and Frank W. Doster of Hodan, Doster & Ganzer, S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of James T. Murray, Jr. and Molly C. Feldbruegge of Peterson, Johnson & Murray, S.C. of Milwaukee.

On behalf of the Wisconsin Academy of Trial Lawyers an amicus curiae brief was filed by D.J. Weis of Habush, Habush, Davis & Rottier, S.C. of Rhinelander.

Before Snyder P.J., Nettesheim and Anderson, JJ.

NETTESHEIM, J.

Section 631.36(5), STATS., requires an automobile liability insurer to provide notice to its insured when a policy is renewed on "less favorable terms." The trial court ruled that this statute does not apply where a reduction in coverage is triggered by action of the legislature, not the insurer. The trial court also ruled that the language of the particular policies in this case did not obligate the insurer to provide such notice. As a result, the...

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