SUKALA v. HERITAGE MUT. INS. CO.

No. 99-1339.

240 Wis.2d 65 (2000)

2000 WI App 266

622 N.W.2d 457

Dawn SUKALA and John Sukala, Plaintiffs-Appellants, v. HERITAGE MUTUAL INSURANCE COMPANY and Western National Mutual Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 9, 2000.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of D. J. Weis of Habush, Habush, Davis & Rottier, S.C., Rhinelander. There was oral argument by D. J. Weis.

On behalf of the defendant-respondent, Western National Mutual Insurance Company, the cause was submitted on the brief of Nadine I. Davy of Anderson, Shannon, O'Brien, Rice & Bertz, Stevens Point. There was oral argument by Thomas W. Bertz.

On behalf of the defendant-respondent, Heritage Mutual Insurance Company, the cause was submitted on the brief of Mark A. Klinner and Michael J. Roman of Sandfort, Zalewski & Klinner, LLP, Wausau. There was oral argument by Michael J. Roman.

Before Dykman, P.J., Vergeront, J., and William Eich, Reserve Judge.


¶ 1. DYKMAN, P.J.

Dawn and John Sukala appeal from a judgment declaring underinsured motorist (UIM) reducing clauses in two auto insurance policies valid and enforceable. Heritage Mutual Insurance Company and Western National Mutual Insurance Company issued the policies. The Sukalas argue that the Heritage reducing clause is invalid because Heritage failed to comply with statutory notice requirements when the clause became enforceable under new legislation. We...

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