(Download) "Florence M. Hoglund v. Secura Insurance" by Court of Appeals of Wisconsin " eBook PDF Kindle ePub Free
eBook details
- Title: Florence M. Hoglund v. Secura Insurance
- Author : Court of Appeals of Wisconsin
- Release Date : January 13, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 62 KB
Description
Florence Hoglund appeals a summary judgment dismissing her complaint against American States Insurance Company for payment
under its underinsured motorists (UIM) policy provisions. She contends the trial court erred by concluding that American States'
policy definition of "underinsured motor vehicle" was valid and enforceable and precluded her recovery under the UIM provisions.
She argues that the definition, providing coverage only if the tortfeasor's policy limits are less than Hoglund's $25,000
UIM policy limits, (1) renders coverage under the UIM provision illusory because motorists are statutorily required to carry
at least $25,000 of liability insurance under sec. 344.33, Stats., and (2) is inconsistent with the insured's reasonable
expectation of coverage. We conclude that American States' policy definition of "underinsured motor vehicle" is unambiguous;
however, because we conclude that the purchased UIM coverage constitutes an illusory contract, we reverse the judgment. Hoglund was injured when Douglas Lebal's vehicle collided with her husband's truck, in which she was a passenger. Lebal had
a $25,000 automobile liability policy with Secura Insurance. Hoglund's damages exceeded Secura's $25,000 policy limits. The
Hoglund vehicle was insured under an American States policy that included $25,000 UIM coverage. An agent of American States
twice confirmed to the Hoglunds that the premiums they paid purchased UIM coverage.