Paul G. Agnew v. American Family Mutual

This is an appeal from a judgment of the Circuit Court for Dane County, Jack Aulik, Circuit Judge, granting summary judgment in favor of American Family Mutual Insurance Company. The circuit court held that the vehicle owner's three American Family insurance policies prohibit the plaintiff (the injured passenger in the insured driver's vehicle) from stacking (that is, aggregating or pyramiding) 1 the three policies under which American Family insured the driver and that sec. 631.43, Stats. 1985-86, does not void the policies' anti-stacking provisions. This court took jurisdiction of the appeal upon certification by the court of appeals pursuant to sec. (Rule)809.61, Stats. 1985-86. We affirm the judgment of the circuit court. The facts are undisputed. The plaintiff was injured while riding as a passenger in a Ford pickup truck driven by Scott Sailor and owned by Scott's father, Larry Sailor. At the time of the accident, Larry Sailor had three American Family automobile insurance policies in full force and effect. Each policy covers a motor vehicle he owned; he is the policyholder. Scott Sailor was an insured under the terms of each of the policies as a relative who resided in the policyholder's household.