Linda A. Kuhn v. Allstate Insurance

LaROCQUE, J. Allstate Insurance Company appeals an amended summary judgment allowing its injured insured, Linda Kuhn, to twice
stack her automobile policy coverage, once under the underinsured motorist (UIM) coverage and again under the uninsured motorist
(UM) coverage. Kuhn's damages arose out of an auto accident with an insured tortfeasor, Catherine Schlewitz, whose insurer
paid its liability limits of $25,000 to Kuhn. The circuit court construed Allstate's UM/UIM coverage to provide both the $50,000
UM and the $50,000 UIM benefits for a single accident, and, because the policy covered two autos, applied stacking principles
to each benefit separately for a total of $200,000. The court also stacked separate $2,000 medical pay benefits for an additional
$4,000 and awarded Kuhn prejudgment interest of 12% from the date of the accident. Allstate moved the circuit court to reconsider.
The court denied the motion and amended the judgment granting Kuhn $10,000 in attorney fees. We conclude that: (1) Allstate's policy does not provide both UM and UIM benefit for a single accident; (2) Allstate's reducing
clause is invalid and contrary to public policy because it renders the UM coverage illusory; (3) prejudgment interest from
the date of the accident is barred by prior case law; (4) attorney fees pursuant to sec. 806.04(8), Stats., are not available;
and (5) Allstate violated the provisions of sec. 809.23(3), Stats., prohibiting the citation of unpublished decisions of this
court. We therefore reverse those parts of the amended summary judgment inconsistent with this opinion and remand for re-entry
of judgment consistent therewith.