(Download) "Erden v. Sobczak" by Wisconsin Court of Appeals " Book PDF Kindle ePub Free
eBook details
- Title: Erden v. Sobczak
- Author : Wisconsin Court of Appeals
- Release Date : January 25, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
1. Steven and Cherie Van Erden appeal from the trial court's order granting summary judgment and dismissing their declaratory judgment action against the City of Milwaukee, in which the Van Erdens sought a declaration that the City had a duty to offer underinsured motorist (UIM) coverage to Steven Van Erden, as a City employee, in accordance with Wis. Stat. § 632.32(4m)(a)1 (1999-2000).1 The Van Erdens also appeal from the trial court's order granting summary judgment dismissing their declaratory judgment action against American Family Mutual Insurance Company, their automobile insurance carrier, in which they sought full UIM coverage under two policies, despite reducing and anti-stacking clauses in their insurance policies. 2. With respect to the City, the Van Erdens contend that, as a result of its obligation to provide uninsured motorist (UM) coverage pursuant to Wis. Stat. § 62.67, the City should be classified as ""[a]n insurer writing policies"" under Wis. Stat. § 632.32(4m)(a)1, and therefore, be required to offer underinsured motorist coverage to its employees. With respect to American Family, the Van Erdens contend that the reducing clauses contained in both policies issued separately to Steven and Cherie Van Erden were ambiguous. The Van Erdens also claim that the UIM policy issued to Steven was illusory because, as a result of an anti-stacking provision, they would never receive any UIM benefits under Steven's policy. We disagree with each contention.