SHERMAN, J.
¶ 1 Dale P. Veto and Becky S. Veto appeal from a judgment of the circuit court denying the Vetos' motion for declaratory judgment against American Family Mutual Insurance Company and dismissing the Vetos' complaint. The Vetos brought suit against American Family seeking declaratory relief from the court that American Family cannot reduce the amount paid to them under an endorsement to their umbrella insurance policy issued by American Family by the amount separately paid to Dale in workers' compensation benefits. The circuit court determined that a clause in the underlying automobile policy which allowed the company to reduce the coverage by the amount of the workers' compensation payment was incorporated into the umbrella policy endorsement and dismissed the Vetos' complaint. We reverse.
¶ 2 While acting within the scope of his employment as a Dane County deputy sheriff, Dale was seriously injured when he was struck by the uninsured driver of a stolen car. At the time of the accident, the Vetos were covered under two policies of insurance issued by American Family: a family car policy that included uninsured motorist coverage with policy limits of $100,000 each person and $300,000 each accident, and a personal liability umbrella policy with a policy limit of $1,000,000 for each occurrence. Because the accident occurred during the course of his employment, Dale was also covered under Dane County's workers' compensation insurance plan.
¶ 3 As a result of his injuries, Dale received a payment under the county's workers' compensation insurance policy of $344,870.90. However, the Vetos' total injuries exceeded $1,000,000, and they made
American Family's assertion was based upon the following language in the endorsement to the umbrella policy: "However, Uninsured and Underinsured Motorists Coverage under this policy will be no broader than the
¶ 4 The Vetos brought the present action seeking a declaration that American Family cannot reduce the policy benefit owed to the Vetos under the umbrella policy by the amount received by Dale through his workers' compensation insurance and an order directing American Family to pay the Vetos the remaining benefits due under the umbrella policy.
¶ 5 The circuit court denied the Vetos declaratory judgment and dismissed their action. The court determined that, although the endorsement in the umbrella policy addressing uninsured motorists did not contain a reducing clause, language in the endorsement unambiguously incorporated the reducing clause in the Vetos' underlying automobile insurance policy. The Vetos appeal. Additional facts will be discussed below as necessary.
¶ 6 We review a circuit court's decision on declaratory judgment for an exercise of discretion. Jones v. Secura Ins. Co., 2002 WI 11, ¶ 19, 249 Wis.2d 623, 638 N.W.2d 575. However, when the exercise of such discretion turns upon a question of law, we review the question of law independently of the circuit court's determination. See id. "Here, the circuit court's grant of declaratory judgment turned upon its interpretation of an insurance policy, which presents a question of law." Olson v. Farrar, 2012 WI 3, ¶ 24, 338 Wis.2d 215, 809 N.W.2d 1.
¶ 7 When determining insurance coverage under a policy, we first consider whether the policy's insuring agreement makes an initial grant of coverage. Olson v. Farrar, 2010 WI App 165, ¶ 12, 330 Wis.2d 611, 794 N.W.2d 245. If "an initial grant of coverage in the insuring agreement is triggered by the claim, `we next examine the various exclusions to see whether any of them preclude coverage.' Policy exclusions are narrowly or strictly construed and we resolve any ambiguities in favor of coverage." Id. (citations omitted). "`Our goal in interpreting insurance contracts is to discern and give effect to the intent of the parties.'" Id. (citation omitted). To that end, "the policy [is] construed as it would be understood by a reasonable person in the position of the insured." St. John's Home of Milwaukee
¶ 8 Uninsured motorists liability coverage under the Vetos' personal liability umbrella policy is granted in an "Uninsured and Underinsured Motorists Coverage Following Form Endorsement."
¶ 9 The central issue before us is thus whether the reducing clause in the uninsured and underinsured motorists coverage of the underlying auto policy is unambiguously incorporated into the endorsement to the umbrella policy,
¶ 10 American Family argues that the phrase "no broader than the
¶ 11 The Vetos, on the other hand, argue that the phrase is ambiguous and that the reducing clause is therefore not incorporated into the endorsement. The circuit court agreed with American Family, concluding "that the `no broader than the underlying insurance' policy language unambiguously incorporates all of the terms of the [uninsured motorists] coverage part from the underlying [automobile] policy, including the underlying policy's reduction clause."
¶ 12 Language in an insurance policy is ambiguous if the words or phrases of the policy are susceptible to more than one reasonable interpretation. Stubbe v. Guidant Mut. Ins. Co., 2002 WI App 203, ¶ 8, 257 Wis.2d 401, 651 N.W.2d 318. Ambiguities are resolved in favor of coverage, advancing the insured's reasonable expectations of coverage. Id. To determine whether a policy provision is ambiguous, we read the provision in the context of the whole policy, rather than isolating a small part of the language from the whole. Folkman v. Quamme, 2003 WI 116, ¶ 21, 264 Wis.2d 617, 665 N.W.2d 857.
¶ 13 Accordingly, we interpret the language at issue here, "However, Uninsured and Underinsured Motorists Coverage under this policy will be no broader than the
¶ 14 The phrase "no broader than" is a vague term not defined in the umbrella policy. BLACK'S LAW DICTIONARY defines neither "no broader than" nor "broad" itself, although it does define both "broad-form policy"
¶ 15 Standard dictionary definitions of "broad" also do not elucidate the meaning
¶ 16 Further, viewing the "no broader than" phrase in the context of the entire endorsement fails to lead to the unambiguous conclusion that a reasonable person in the position of the insured would understand the term as incorporating all of the terms of the underlying coverage. The uninsured motorists coverage in the underlying automobile policy has a policy limit of $100,000 per person. If all of the terms of the underlying coverage were incorporated into the coverage provided by the umbrella policy endorsement, the automobile policy's uninsured motorists coverage limit would necessarily be incorporated. Incorporating the lower limit of coverage contained in the automobile policy would negate the value of having $1,000,000 of additional coverage in the umbrella policy. A reasonable policyholder would not pay the additional premium for an endorsement in order to get nothing additional. We reject a policy interpretation which leads to absurd results. Wilson Mut. Ins. Co. v. Risler, 2011 WI App 70, ¶ 12, 333 Wis.2d 175, 798 N.W.2d 898. Thus, at least one particular term in the underlying uninsured motorists coverage, the dollar limit of coverage, is not unambiguously incorporated into the umbrella policy endorsement. Standing alone, this does not resolve whether the reducing clause is so incorporated, however.
¶ 17 The limit of coverage affects only the dollar amount of coverage and not its scope. Since incorporating the coverage limit of the underlying policy into the umbrella policy endorsement would lead to absurd results, it seems clear that the limit of coverage is not intended by the parties to be included in the "no broader than" language of the endorsement. Likewise, however, the reducing clause affects only the dollar amount of coverage and not its scope. Nothing in the "no broader than" language alerts a reasonable policyholder to the difference between the two coverage limitations.
¶ 18 Further, we construe insurance contracts so that "none of the language [is] discarded as superfluous or meaningless." Stubbe, 257 Wis.2d 401, ¶ 10, 651 N.W.2d 318. Yet the endorsement contains several definitions and some additional conditions that would be meaningless if the terms of the underlying uninsured motorists coverage were simply incorporated in full.
¶ 20 For the reasons discussed above, we reverse the circuit court and remand for declaratory judgment that the UNINSURED AND UNDERINSURED MOTORISTS COVERAGE FOLLOWING FORM ENDORSEMENT does not incorporate the reducing clause from the underlying automobile policy's uninsured motorists coverage.
Judgment reversed and cause remanded with directions.
These additional definitions apply:
Types of Liability Exposures Minimum Required Underlying Limits Car/Motorcycle and Recreational $100,000 per Person Motor Vehicle Uninsured and $300,000 per Occurrence Underinsured Motorists Coverage or $300,000 per Occurrence (Single Limit Policy)
All other terms remain unchanged.