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BRUNSON v. WARD

Nos. 98-3002, 98-3300.

245 Wis.2d 163 (2001)

2001 WI 89

629 N.W.2d 140

Scott BRUNSON, Plaintiff-Appellant, v. Robert L. WARD, Debra Czaplewski, State Farm Mutual and Continental Casualty Company, Defendants, PROGRESSIVE NORTHERN INSURANCE COMPANY, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided July 6, 2001.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs (in the court of appeals) by Lynne A. Layber, Milwaukee, and oral argument by Lynn A. Layber.

For the defendant-respondent there was a brief by Rick E. Hills, Michelle M. Stoeck and Hills & Hicks, S.C., Brookfield, and oral argument by Rick E. Hills.

¶ 1. DIANE S. SYKES, J.

In Wisconsin, underinsured motorist policies written in the amount of $25,000 have been held to be illusory contracts, and case law has required insurers to pay damages, up to the $25,000 limit of any such policy, as a remedy for the issuance of an illusory contract. Meyer v. Classified Ins. Co., 192 Wis.2d 463, 468, 531 N.W.2d 416 (Ct. App. 1995); see...

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