Jo Ann Mazzocchio v. Thomas G. Pohlman

This appeal involves the construction of an automobile insurance policy issued to respondent Jo Ann Mazzocchio by appellant
American Family Mutual Insurance Company (American Family). Specifically, American Family challenges the trial court's interpretation
of the contract's antistacking and right to consent clauses. We affirm. The parties waived trial by jury and submitted the case to the trial court on the following stipulated facts. On September
25, 1989, Mazzocchio was driving her car when it was hit by a vehicle driven by Thomas G. Pohlman. As a result of the collision,
Mazzocchio suffered damages in the amount of $40,000.00. Mazzocchio was covered by an American Family insurance policy which
provided underinsured motorist protection in the amount of $50,000.00 per person; Pohlman was covered by a Windsor Insurance
Company (Windsor) motor vehicle liability policy which provided personal injury insurance in the amounts of $25,000.00 per
person and $50,000.00 per accident for his 1984 Toyota pickup truck and 1978 Ford F-250. On August 15, 1991, a partial summary
judgment was entered declaring a clause in Mazzocchio's American Family policy which required American Family's written consent
to settlement invalid and unenforceable. On September 6, 1991, Mazzocchio and Pohlman entered into a settlement agreement
whereby Windsor paid to Mazzocchio the sum of $25,000.00 and Mazzocchio executed a Release and the Stipulation for Dismissal
with Prejudice of Defendant Pohlman and Continuation of Suit Against Defendant American Family. As a result, American Family
is entitled to a credit or a set off in the amount of the $25,000.00 paid by Windsor to Mazzocchio and the maximum judgment
against American Family is $15,000.00.