[DOWNLOAD] "Kelley V. Aaa Auto Club Insurance Association" by State of Wisconsin in Court of Appeals District I ~ eBook PDF Kindle ePub Free
eBook details
- Title: Kelley V. Aaa Auto Club Insurance Association
- Author : State of Wisconsin in Court of Appeals District I
- Release Date : January 06, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
¶1 Spence M. Kelley appeals from a judgment entered after a jury trial and post-verdict motions. He raises several contentions: (1) the trial court erred in ruling that his underinsured motorist (UIM) coverage under the two policies he had from the AAA Auto Club Insurance Association could not be stacked; (2) the reducing clause in the policy was both ambiguous and contextually ambiguous and therefore should not have been applied; and (3) the trial court erred in ruling that the post-verdict interest would commence from the date the motions were decided, rather than the date of the verdict. Because AAA's policy contains a valid anti-stacking clause, the trial court did not err in ruling that the two policy limits could not be stacked in this case. Because the reducing clause in AAA's policy was neither ambiguous nor contextually ambiguous, the trial court did not err in reducing the jury award by the amount paid by the tortfeasor in this case and the worker's compensation payments. Because WIS. STAT. § 814.04 (2003-04)*fn1 requires interest to commence on the date of the verdict in this case, the trial court erred in delaying the start of interest to the date the post-verdict motions were decided. Accordingly, we affirm the judgment, but order the trial court to amend the judgment so that post-verdict interest is calculated from the date of the jury verdict.