Uninsured/Underinsured Motorist Complaint - Wisconsin

UNINSURED / UNDERINSURED MOTORIST COMPLAINT

Table of Contents

1. Caption
   1A. Summons

2. Parties

3. Jurisdiction and Venue
4. General Allegations
5. Policy Identification and Coverage
6. UM vs. UIM Status
7. First Cause of Action — Breach of Contract (UM/UIM Benefits)
8. Second Cause of Action — Bad Faith Denial of Insurance Benefits
9. Damages
10. Stacking and Reducing Clauses
11. Arbitration vs. Litigation
12. Prayer for Relief
13. Verification

Caption

STATE OF WISCONSIN — CIRCUIT COURT — [COUNTY NAME] COUNTY

Summons

THE STATE OF WISCONSIN — To [INSURANCE COMPANY NAME], Defendant:

Plaintiff has filed this lawsuit against you. The attached complaint states the claims. Within 45 days after personal or substituted service of this summons, excluding the day of service, serve a written answer to the complaint as required by Wis. Stat. ch. 802. The court may reject or disregard an answer that does not follow the statutory requirements. Deliver or send the answer to the Circuit Court for [COUNTY NAME] County at [COURT ADDRESS] and to Plaintiff's attorney at [ATTORNEY SERVICE ADDRESS]. An attorney may assist or represent you.

If you do not provide a proper answer within that period, the court may enter judgment against you for the relief requested in the complaint, and you may lose the right to contest its allegations. A money judgment may become a lien against real estate you own now or in the future and may be enforced by garnishment or seizure of property.

Dated: [DATE]

Signed: [ATTORNEY SIGNATURE]

[ATTORNEY NAME], State Bar No. [BAR NUMBER]

[FIRM NAME], [ATTORNEY SERVICE ADDRESS]

[ATTORNEY PHONE]

Parties

1. Plaintiff [PLAINTIFF FULL NAME] ("Plaintiff") is an individual residing at [ADDRESS], in the [☐ City / ☐ Village / ☐ Town] of [MUNICIPALITY], [COUNTY] County, Wisconsin, and is an insured under the automobile insurance policy described herein.

1A. ☐ [ADDITIONAL CLAIMANT NAME], [RELATIONSHIP TO PLAINTIFF], held a derivative loss-of-consortium claim when this action commenced and is joined as an additional Plaintiff under Wis. Stat. § 803.03(2)(a), whether or not Policy coverage has yet been resolved. ☐ After reasonable inquiry, Plaintiff has identified no person with a derivative claim.

2. Defendant [INSURANCE COMPANY NAME] ("Defendant Insurer") is an insurance company authorized to transact business in the State of Wisconsin, with its principal place of business at [INSURER ADDRESS].

3. [JOHN/JANE DOE] ("Uninsured/Underinsured Motorist") is an individual who, at all relevant times, operated a motor vehicle [☐ without liability insurance / ☐ with liability insurance inadequate to compensate Plaintiff's damages].

Jurisdiction and Venue

4. This Court has jurisdiction over this action pursuant to Wis. Stat. § 801.04.

5. Venue is proper in [COUNTY] County pursuant to Wis. Stat. § 801.50(2) because [☐ the claim arose here / ☐ property at issue is situated here / ☐ Defendant resides or does substantial business here / ☐ none of those grounds applies and Plaintiff designates this county]. State the supporting facts: [FACTS].

6. This action is timely commenced. Pursuant to Wis. Stat. § 893.43(2), a cause of action for UM/UIM benefits accrues on the date there is final resolution of the underlying cause of action by Plaintiff against the tortfeasor, and must be commenced within 3 years of that accrual date. Plaintiff's independent bad-faith tort claim (Second Cause of Action) is governed by the separate 3-year limitations period for intentional torts under Wis. Stat. § 893.57, which may accrue and expire on a different timeline than the UM/UIM contract claim.

General Allegations

7. On or about [DATE OF ACCIDENT], at approximately [TIME], Plaintiff was [☐ operating / ☐ a passenger in] a motor vehicle on [STREET/HIGHWAY], in [CITY/VILLAGE/TOWN], [COUNTY] County, Wisconsin.

8. At said time and place, the Uninsured/Underinsured Motorist negligently operated a motor vehicle, causing a collision with Plaintiff's vehicle.

9. The Uninsured/Underinsured Motorist's negligent acts include but are not limited to:

☐ Failure to maintain a safe speed
☐ Failure to yield the right of way
☐ Failure to maintain a proper lookout
☐ Following too closely
☐ Driving under the influence of alcohol or drugs
☐ Running a red light or stop sign
☐ Improper lane change
☐ Failure to maintain control of the vehicle
☐ Other: [________________________________]

10. As a direct and proximate result of the collision, Plaintiff sustained serious bodily injuries, incurred medical expenses, lost wages, and experienced pain and suffering.

Policy Identification and Coverage

11. At the time of the accident, Plaintiff was insured under an automobile insurance policy issued by Defendant Insurer, Policy No. [POLICY NUMBER], effective from [POLICY START DATE] to [POLICY END DATE] (the "Policy").

12. The Policy provides uninsured motorist ("UM") bodily injury coverage with limits of $[UM LIMIT PER PERSON] per person / $[UM LIMIT PER ACCIDENT] per accident.

13. ☐ The Policy provides underinsured motorist ("UIM") bodily injury coverage with limits of $[UIM LIMIT PER PERSON] per person / $[UIM LIMIT PER ACCIDENT] per accident.

☐ The Policy does NOT provide UIM coverage.

14. Plaintiff has paid all premiums due under the Policy and has complied with all conditions precedent.

15. Plaintiff timely notified Defendant Insurer of the claim and provided all requested documentation.

UM vs. UIM Status

Select one:

☐ Uninsured Motorist (UM) Claim:

16. The at-fault motorist was uninsured at the time of the accident within the meaning of Wis. Stat. § 632.32(2)(g) and (4), in that [☐ the at-fault motorist had no bodily injury liability insurance in effect / ☐ the unknown motorist was involved in a hit-and-run accident with Plaintiff / ☐ the unknown motorist operated a no-contact "phantom motor vehicle" and Plaintiff satisfies the corroboration, 72-hour report, and 30-day sworn-statement conditions of § 632.32(2)(g)2. / ☐ the at-fault motorist's insurer has denied coverage / ☐ the at-fault motorist's insurer is insolvent].

☐ Underinsured Motorist (UIM) Claim:

17. The at-fault motorist maintained bodily injury liability coverage with limits of $[TORTFEASOR POLICY LIMIT], which is insufficient to compensate Plaintiff for the damages sustained.

18. Plaintiff has exhausted or is prepared to exhaust the at-fault motorist's liability policy limits and has obtained [☐ a settlement / ☐ a judgment] in the amount of $[AMOUNT RECOVERED FROM TORTFEASOR].

19. Defendant Insurer was given written notice of the settlement with the at-fault motorist's insurer and the opportunity to consent to or participate in the settlement.

First Cause of Action

Breach of Contract (UM/UIM Benefits)

20. Plaintiff incorporates by reference all preceding paragraphs.

21. The Policy constitutes a valid and enforceable contract between Plaintiff and Defendant Insurer.

22. Plaintiff has performed all conditions, covenants, and obligations required under the Policy, or has been excused from performance.

23. Defendant Insurer has breached the Policy by failing and refusing to pay UM/UIM benefits owed to Plaintiff, despite Plaintiff's timely demand.

24. As a direct and proximate result of Defendant Insurer's breach, Plaintiff has suffered damages to be determined from the evidence and the Policy.

Second Cause of Action

Bad Faith Denial of Insurance Benefits

25. Plaintiff incorporates by reference all preceding paragraphs.

26. Under Wisconsin law, every insurance contract carries an implied duty of good faith and fair dealing requiring the insurer to act fairly and in good faith in handling claims, the breach of which gives rise to a separate and independent tort cause of action distinct from breach of contract. Anderson v. Continental Ins. Co., 85 Wis. 2d 675, 271 N.W.2d 368 (1978).

27. There was no reasonable basis for Defendant Insurer to deny, delay, or underpay Plaintiff's UM/UIM claim; a reasonable insurer under the facts and circumstances known to Defendant Insurer would not have denied, delayed, or underpaid the claim. Anderson, 85 Wis. 2d at 691-92.

28. Defendant Insurer knew of, or recklessly disregarded, the absence of a reasonable basis for its denial, delay, or underpayment of Plaintiff's claim. Anderson, 85 Wis. 2d at 691-92.

29. In addition to the foregoing, Defendant Insurer has acted in bad faith by:

☐ Unreasonably delaying investigation of the claim
☐ Failing to conduct a thorough and fair investigation
☐ Unreasonably denying benefits without basis
☐ Failing to attempt in good faith to effectuate a prompt and fair settlement
☐ Compelling Plaintiff to initiate litigation/arbitration to recover amounts due
☐ Refusing to submit to arbitration under the policy's arbitration clause (if applicable)
☐ Other: [________________________________]

30. Defendant Insurer's conduct was a substantial factor in causing Plaintiff harm, including compensatory and consequential damages.

31. Defendant Insurer acted maliciously toward Plaintiff or in intentional disregard of Plaintiff's rights. If supported by the evidence, Plaintiff seeks punitive damages under Wis. Stat. § 895.043(3) on the bad-faith claim.

Damages

32. As a result of the accident and Defendant Insurer's breaches, Plaintiff has suffered and continues to suffer the following damages:

☐ Past medical expenses
☐ Future medical expenses
☐ Past lost wages/earnings
☐ Future lost wages/earning capacity
☐ Pain and suffering (past and future)
☐ Emotional distress
☐ Punitive damages (bad faith claim only): According to proof
☐ Attorney's fees and costs
☐ Interest under Wis. Stat. § 807.01(4), if Plaintiff made a qualifying settlement offer that was not accepted and recovers a judgment at least as great as the offer

32A. If the joined claimant elects to assert a covered derivative claim, [ADDITIONAL CLAIMANT NAME] separately seeks damages for loss of consortium arising from Plaintiff's injuries, subject to proof of the relationship, coverage, and amount.

Stacking and Reducing Clauses

33. ☐ Plaintiff asserts that stacking of UM/UIM coverage is available under the Policy.

☐ The Policy contains an anti-stacking provision pursuant to Wis. Stat. § 632.32(5)(f), which Plaintiff [☐ acknowledges / ☐ challenges as unenforceable for the following reason: [________________________________]].

34. ☐ The Policy contains a reducing clause that reduces UM/UIM benefits by amounts paid from other sources.

☐ The Policy does NOT contain a reducing clause.

Arbitration vs. Litigation

35. ☐ The Policy contains an arbitration clause. Wis. Stat. § 788.01 is Wisconsin's general arbitration-enforcement statute; it does not independently require UM/UIM disputes to be arbitrated, but if the Policy contains an arbitration clause it is enforceable and an insurer's refusal to submit to arbitration under that clause may constitute a breach of contract and a waiver of the right to later demand arbitration. Collicott v. Economy Fire & Cas. Co., 68 Wis. 2d 115 (1975). Plaintiff [☐ demands arbitration / ☐ opposes arbitration and reserves all rights / ☐ asserts that Defendant Insurer waived the right to arbitrate by refusing to submit to arbitration when demanded].

☐ The Policy does not contain an arbitration clause. This matter shall proceed through normal litigation.

Prayer for Relief

WHEREFORE, Plaintiff and any joined additional Plaintiff demand judgment against Defendant Insurer as follows:

1. For compensatory damages in an amount according to proof at trial;

2. For UM/UIM policy benefits in the full amount owed under the Policy;
   2A. For any joined additional Plaintiff's covered derivative loss, in an amount according to proof;

3. For punitive damages for Defendant Insurer's bad faith conduct pursuant to Wis. Stat. § 895.043;

4. If Plaintiff made a qualifying settlement offer that was not accepted and recovers a judgment at least as great as the offer, for interest under Wis. Stat. § 807.01(4);
5. For attorney's fees and costs;
6. For costs of suit incurred herein; and
7. For such other and further relief as this Court deems just and proper.

Verification

STATE OF WISCONSIN
COUNTY OF [COUNTY NAME]

I, [PLAINTIFF FULL NAME], being first duly sworn on oath, state that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief.

Dated: [__/__/____]

Signature: [________________________________]
Printed Name: [PLAINTIFF FULL NAME]

Subscribed and sworn to before me this [____] day of [____________], [________].

Notary Public, State of Wisconsin: [________________________________]
My Commission Expires: [__/__/____]

RESPECTFULLY SUBMITTED,

[ATTORNEY NAME], State Bar No. [BAR NUMBER]
[FIRM NAME]
[FIRM ADDRESS]
[CITY], Wisconsin [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

State-Specific Notes — Wisconsin

Sources and References

• Wis. Stat. § 632.32 — Wisconsin Legislature
• Wis. Stat. § 632.32 — Justia (2025)
• Wis. Stat. § 788.01 — Wisconsin Legislature (Arbitration)
• Wis. Stat. § 893.43 — Wisconsin Legislature (Action on Contract / UM-UIM SOL)
• Wis. Stat. § 893.57 — Justia (Intentional Torts / Bad Faith SOL)
• Anderson v. Continental Ins. Co., 85 Wis. 2d 675 (1978) — Justia
• Wisconsin UM/UIM Stacking — Sigman Legal
• Wisconsin Supreme Court Pre-2011 Stacking Decision — MWL Law
• Wisconsin OCI Auto Insurance FAQ