YOU GET WHAT YOU PAY FOR: WHY WISCONSIN SHOULD ADOPT UNINSURED AND UNDERINSURED MOTORIST STACKING WAIVERS

The ability to stack, adding multiple uninsured motorist (UM) or underinsured motorist (UIM) policies together to fully compensate a party for the amount of his or her injuries sustained in an automobile accident, has been a prevalent subject of insurance litigation in Wisconsin. Wisconsin currently allows insurance companies to include anti-stacking provisions in UM and UIM policies, which restrict injured parties from stacking multiple policies. Yet, Wisconsin has not always permitted anti-stacking provisions-Wisconsin's position on stacking has changed four times in the last two decades. Wisconsin's current stacking scheme, permitting anti-stacking clauses in UM and UIM policies, does not fully compensate consumers in catastrophic accidents and does not provide consumers with the benefits for which they paid a premium. This Comment suggests that Wisconsin implement legislation permitting stacking waivers for UM and UIM policies, similar to Pennsylvania's statute. Pennsylvania's stacking waiver statute allows consumers to waive their right to stacking UM and UIM policies in exchange for a lower premium. This Comment analyzes the practical implications and anticipated criticisms of adopting a stacking waiver statute in Wisconsin. Rather than adopt the Pennsylvania stacking waiver statute verbatim, this Comment suggests four changes the Wisconsin legislature should make to ensure the statute is more clear and practical for Wisconsin. Finally, this Comment concludes with a sample statute the Wisconsin legislature should adopt-an equitable compromise that resolves Wisconsin's oscillating stance on stacking.