Wisconsin Supreme Court
Rudolph Tahtinen, Plaintiff-Appellant v. MSI Insurance Company, a Corporation, Defendant-Respondent-Petitioner
January 31, 1985122 Wis. 2d 158
Summary
The Wisconsin Supreme Court held that sec. 631.43(1), Stats., is clear and unambiguous and voids 'other insurance in the company' reducing clauses that prohibit stacking of uninsured motorist coverage under multiple policies issued by the same insurer to the same insured, because the statute's first sentence refers to 'policies' without regard to whether one or more insurers issued them. The court affirmed the court of appeals' reversal of summary judgment for MSI Insurance Company. Justice Steinmetz, dissenting, would have held that the statute is not clear and unambiguous and that the majority declared public policy by judicial fiat while ignoring sec. 631.43(3) and sec. 632.32(5).