Wolf v. American Family Mutual Insurance
Wolf v. American Family Mutual Insurance
Opinion of the Court
¶ 1. For what proved to be a limited time, the legislature put the "Truth in Auto Law" into effect. It was the law from November 1, 2009, until the legislature replaced it, effective November 1, 2011. During its brief lifespan, the law prohibited reducing clauses and created broader protections for underinsured motorist coverage. The law explicitly stated that it applied prospectively — only affecting insurance policies issued or renewed on or after the November 1, 2009 effective date. Many policies, like the one held by Rhiannon Wolf, contain "elasticity clauses," which mandate that the insurance policy must conform to the law of the state where it is issued. Wolf renewed her insurance policy before the Act's effective date, but she
Background
¶ 2. On December 8, 2009, Wolf sustained injuries in a car accident while she rode as a passenger in an automobile driven by Maria Jaquet. American Family Mutual Insurance Company provided both the automobile liability coverage for Jaquet's vehicle and separate underinsured motorist coverage for Wolf. Both policies had coverage amounts of $250,000. Pursuant to Jaquet's insurance policy, American Family paid Wolf $250,000 of automobile liability coverage.
f 3. On November 20, 2012, Wolf filed a lawsuit against American Family and Jaquet seeking additional damages for the injuries she sustained. On January 8,2014, Wolf amended her complaint to assert a claim against American Family for additional money under her own underinsured motorist coverage. On February 7, 2014, the court dismissed all claims against Jaquet and American Family for the liability policy it provided after the limits were paid to Wolf. American Family then filed a motion for declaratory and summary judgment claiming it did not owe Wolf anything under her underinsured motorist coverage.
¶ 5. Wolf does not dispute that under the terms of her policy she would not qualify to receive underinsured motorist coverage for two reasons. First, Jaquet does not qualify as an underinsured motorist as defined by the policy because her liability coverage was for the same dollar amount as Wolfs underinsured motorist coverage. Second, the reducing clause would draw Wolfs coverage down to $0, as she already received $250,000 from Jaquet.
¶ 6. But, the Truth in Auto Law amended Wis. Stat. § 632.32 (2009-10)
¶ 7. During summary judgment, American Family argued that the Truth in Auto Law had no effect on Wolfs underinsured motorist coverage. Therefore, the company argued, the terms of the policy as written prohibited Wolf from collecting any additional damages. Wolf argued that the elasticity clause caused her insurance policy to automatically conform to the changes the Truth in Auto Law instituted on November 1, 2009, meaning the reducing clause and the definition of an "underinsured motorist" in her policy were no longer valid. The circuit court sided with American Family, finding the Truth in Auto Law only applied to policies issued or renewed after November 1, 2009, not Wolfs existing policy. Wolf then appealed.
Analysis
¶ 8. This court reviews a grant of summary judgment independently, using the same standard the circuit court used. Olson v. Farrar, 2012 WI 3, ¶ 23, 338 Wis. 2d 215, 809 N.W.2d 1. The circuit court addresses a declaratory judgment using its sound discretion. Id., ¶ 24. Because this case hinges on the interpretation of an insurance policy it presents a question of law, meaning we review the circuit court's grant of declaratory judgment independently. Id.
¶ 10. The circuit court relied on an unpublished opinion of this court, Myers v. American Family Mutual Insurance Co., No. 2013AP2045, unpublished slip op. (WI App Feb. 25, 2014).
¶ 11. This court decided an insurance policy cannot be in conflict with a statute that does not apply to the policy. Id., ¶ 13. The elasticity clause in Myers' policy "clearly and unambiguously state [d]" that only terms "in conflict with" statutes of the state would change and conform to those laws. Id. Because the Truth in Auto Law specifically said it only applied to insurance policies issued after November 1, 2009, the statutory changes the law made did not apply to Myers' policy. Id. Therefore, Myers' policy did not conflict with the Truth in Auto Law. Id.
¶ 12. Like the circuit court, we find the rationale in the unpublished Myers opinion to be persuasive. The elasticity clause was designed to automatically change a policy term in place on the policy's effective date that conflicts with a law promulgated and made effective during the policy period. But we do not have that situation here. The changes in the law only applied to insurance policies entered into after November 1, 2009. This means that, prior to November 1, 2009, those changes did not yet exist. Plainly, policy terms could not be in conflict with a law whose very existence was dependent upon the date that the law became effective. So, prior to November 1, 2009, there was no law called the Truth in Auto Law. It did not exist as far as Wolfs policy was concerned.
¶ 13. The fact of the matter is that the legislature chose not to make policies such as Wolfs conflict with Wisconsin law. As to policies entered into before November 1, 2009, the law that was in effect prior to that date remained in effect. The legislature could
¶ 14. Wolf also cites Roehl v. American Family Mutual Insurance Co., 222 Wis. 2d 136, 585 N.W.2d 893 (Ct. App. 1998), as support. In that case, American Family placed a "drive-other-car" exclusion in Roehl's insurance policy even though such a term was unlawful at the time. Id. at 142-43. During the policy period, the legislature changed the law to make drive-other-car exclusions enforceable, and this change became effective for the policy at issue. Id. Roehl suffered injuries in a car accident and tried to assert a claim for underinsured motorist coverage. Id. at 139-40. American Family denied this claim, stating that the drive-other-car exclusion applied. Id. at 140. Roehl sued,
¶ 15. Wolf ostensibly cites Roehl for the proposition that elasticity clauses are enforceable. Of course they are. However, her contention attacks a straw man. American Family does not contend the elasticity clause is unenforceable — rather, it argues that the elasticity clause does not implement changes which are not "in conflict with" the terms of the policy because these legislative changes have not become effective until a policy is renewed or issued. We affirm.
By the Court. — Order affirmed.
All references to Wis. Stat. § 632.32 are to the 2009-10 version of the Wisconsin Statutes. All other references to the Wisconsin Statutes are to the 2013-14 version.
Authored, unpublished court of appeals decisions issued on or after July 1, 2009, may be cited for their persuasive authority. See Wis. Stat. Rule 809.23(3)(b).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.