Wambolt v. West Bend Mutual Insurance Co‪.‬

1 Kimberly and Wade Wambolt appeal a summary judgment dismissing their action against Illinois Farmers Insurance Company (Farmers) in which the Wambolts allege underinsured motorist (UIM) coverage for injuries Kimberly suffered in a traffic accident. The trial court initially denied Farmers motion for summary judgment, concluding that the plain language of the policy created primary coverage and UIM coverage on a pro rata basis. On reconsideration, the court concluded that a portion of the Minnesota no fault insurance law applies and mandates only excess UIM coverage. Because the amount of coverage available under the Illinois Farmers policy was the same as the amount available from primary insurers, the court concluded that the Wambolts have no viable claim against Illinois Farmers. We reverse the judgment and remand because we conclude Wisconsin law should be applied and the plain language of the policy should be enforced.