Wisconsin § 631.45 - Limitations on loss to be borne by insurer.

§ 631.45. Limitations on loss to be borne by insurer.

631.45(1) (1) General. An insurance policy indemnifying an insured against loss may by clear language limit the part of the loss to be borne by the insurer to a specified or determinable maximum amount, to loss in excess of a specified or determinable amount, to a specified percentage of the loss, which may vary with the amount of the loss, or by a combination of these methods. If the policy covers various risks, different limitations may be provided separately for each risk if the policy clearly so states. 631.45(2) (2) Property coinsurance. A policy indemnifying an insured against loss of or damage to property may limit the part of the loss to be borne by the insurer to a percentage of the total loss that corresponds to the ratio of the insured sum to a specified percentage of the value of the insured property. 631.45 History History: 1975 c. 375 . 631.45 Annotation Public policy does not prohibit insurance coverage for statutorily imposed multiple damages. Cieslewicz v. Mutual Service Casualty Insurance Co., 84 Wis. 2d 91 , 267 N.W.2d 595 (1978). 631.45 Annotation Under the facts of this case, the insurer’s tender of the policy limits into court did not relieve the insurer of its duty to defend the insured in the lawsuit. Gross v. Lloyds of London Insurance Co., 121 Wis. 2d 78 , 358 N.W.2d 266 (1984). 631.45 Annotation Although a policy’s limit of liability language has been held invalid under s. 631.43 for the purpose of preventing stacking, it is still valid for determining each policy’s limit of liability. Schaefer v. General Casualty Co. of Wisconsin, 175 Wis. 2d 80 , 498 N.W.2d 855 (Ct. App. 1993).