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DEGENHARDT-WALLACE v. HOSKINS, KALNINS

No. 03-3091.

277 Wis.2d 460 (2004)

2004 WI App 209

689 N.W.2d 911

Debra A. DEGENHARDT-WALLACE, Plaintiff, v. HOSKINS, KALNINS, McNAMARA & DAY, Ivars Kalnins, and Great American Insurance Company, Defendants-Appellants, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Intervenor-Respondent.

Court of Appeals of Wisconsin.

Decided October 28, 2004.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Ward I. Richter and Sheila M. Sullivan of Bell, Gierhart & Moore, S.C., Madison.

On behalf of the intervenor-respondent, the cause was submitted on the brief of Kara M. Burgos of Moen, Sheehan, Meyer, Ltd., La Crosse.

Before Dykman, Vergeront and Higginbotham, JJ.

¶ 1. HIGGINBOTHAM, J.

This case involves an insurance dispute and requires us to interpret language in an underinsured motorist (UIM) policy that obligates the UIM carrier to pay benefits to its insured only after the underinsured motorist's liability limits "have been exhausted by payment of judgments or settlements." The question is whether the policy's exhaustion requirement can be satisfied by a judgment or settlement...

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