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Notification of Availability of UIM Coverage under Umbrella Policy Is Required by Law

The Supreme Court of Wisconsin ruled that an insurer was required to notify its insureds of the availability of underinsured motorists coverage (UIM) under an umbrella policy in Rebernick v. Wausau Gen. Ins. Co., No. 2004AP487, 2006 WL 798041 (Wis. Mar. 30, 2006).

Dale Rebernick was riding a lawn mower when he was struck by a car, which caused serious and permanent injury. He collected the driver’s liability limits and $100,000 limits from his own auto policy issued by American Family Insurance. The Rebernicks also had a $1 million umbrella policy issued by American Family, which required them to maintain an underlying auto policy as primary insurance. They sought additional indemnity from the umbrella policy and, although the policy excluded UIM coverage, they claimed “they were entitled to reformation of the policy because American Family had failed to provide them with notice of the availability of UIM coverage for that policy” as required by Wisconsin statutes.

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