Published: October 16, 2009
Author: Gesina (Ena) Seiler

• As of June 1, 2010, liability insurance will be mandatory in Wisconsin. Chapter 344, Subchapter VI, Mandatory Liability Insurance, Wis. Stat. § 344.61, et. seq.
• Before January 1, 2010, the minimum liability limits are $25,000 per person, $50,000 per occurrence, and $10,000 for property damage.
• On January 1, 2010, the minimum liability limits are $50,000 per person, $100,000 per occurrence, and $15,000 for property damage. Wis. Stat. § 344.01(2)(am).
• After December 31, 2016, and at five year intervals thereafter, the Department of Transportation ("DOT") will adjust the liability limits to reflect changes in the Consumer Price Index. Wis. Stats. §§ 344.01(2) (am)5 and 344.11.

• Policies issued or renewed on or after November 1, 2009, must contain medical payments coverage with minimum limits of $10,000 per person. Wis. Stat. § 632.32(4)(a)(3m).
• The named insured may reject medical payments coverage. If the named insured rejects the coverage, the coverage need not be provided in a subsequent renewal policy issued by the same insurer unless the insured requests it in writing. Wis. Stat. § 632.32(4)(bc).

• For policies issued or renewed on or after November 1, 2009, the minimum amount of UM coverage will increase from $25,000 per person to $100,000 per person and from $50,000 per occurrence to $300,000 per occurrence. Wis. Stat. § 632.32(4)(a)1.

• Policies issued or renewed on or after November 1, 2009, must contain UIM coverage with limits of $100,000 per person and $300,000 per occurrence. Wis. Stat. § 632.32(4)(a)2.
• Policies issued or renewed on or after November 1, 2009, must define an "underinsured motor vehicle" as follows: "[t]he limits under the bodily injury liability policy are less than the amount fully needed to fully compensate the insured for his or her damages." Wis. Stat. § 632.32(2)(e).

• Policies issued or renewed on or after November 1, 2009, must define an "uninsured motor vehicle" to include an unidentified vehicle involved in an accident that does not make contact with the insured's vehicle, provided that an independent third party provides evidence in support of the unidentified vehicle's involvement in the accident. Wis. Stat. § 632.32(2)(g).

• For policies issued or renewed on or after November 1, 2009, reducing clauses and anti-stacking provisions in automobile policies for UM/UIM coverage and medical payment coverage are prohibited, except the policy may limit the number of vehicles covered up to three. Wis. Stat. 632.32(6)(d-g).

• For umbrella or excess policies providing motor vehicle coverage that are issued or renewed on or after November 1, 2009, the insurer must provide written offers of UM and UIM coverage. Applicants may reject coverage, but must do so in writing. If coverage is rejected, an insurer need not offer it again when the policy renews.
• For umbrella or excess liability policies already in effect that do not include UM or UIM, the insurer must provide a written offer in conjunction with the notice of the first renewal of the policy on or after November 1, 2009.
• If an umbrella or excess liability policy does not contain UM or UIM coverage and the insurer did not provide a written offer of such coverages, a court may, upon the request of the insured, reform the policy to provide such coverage with the same limits as the underlying liability limits in the policy. Wis. Stat. § 632.32(4r).

• The proposed change to jury instructions was dropped. The proposal would have required the court to instruct the jury in a civil action as to the effect of its liability determinations and negligence percentages on damage awards.
• The proposed changes to comparative negligence were not adopted. The plaintiff's negligence will still be compared separately to that of each defendant.
• Finally, joint and several liability law has not been amended. The proposed changes met with substantial public resistance. A defendant must still be at least 51 percent liable before being held responsible for 100 percent of any judgment.

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