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8 Wisconsin opinions name it 2 courts 1986–2021 1 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Bosco v. Labor & Industry Review Commissiongreen2 sentences2019As a result, an insurer generally *274 "maintains the right to control the defense of the insured, settle a claim on its behalf, and pay a claim within the policy limits." Bosco v. LIRC , 2004 WI 77 , ¶61, 272 Wis. 2d 586 , 681 N.W.2d 157 . 2019As a result, an insurer generally *274 "maintains the right to control the defense of the insured, settle a claim on its behalf, and pay a claim within the policy limits." Bosco v. LIRC , 2004 WI 77 , ¶61, 272 Wis. 2d 586 , 681 N.W.2d 157 . | 1 | 2 |
Grube v. Daungreen2 sentences1994Grube v. Daun, 173 Wis. 2d 30, 76 , 496 N.W.2d 106, 124 (Ct. App. 1992). 1994Grube v. Daun, 173 Wis. 2d 30, 76 , 496 N.W.2d 106, 124 (Ct. App. 1992). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Hebela v. Healthcare Ins. Co.
green
2 sentences2007Hebela, 851 A.2d at 86 . 2007Hebela, 851 A.2d at 86 . | 2 | 2007–2007 |
Stimac Family Trust ex rel. Stimac v. Wisconsin Power & Light Co.
green
2 sentences2021Estate of Sustache, 311 Wis. 2d 548, ¶20 ; Stimac Family Trust 11 Nos. 2019AP1085 2019AP1086 v. Wisconsin Power & Light Co., 2017 WI App 33, ¶7 , 375 Wis. 2d 787 , 896 N.W.2d 383 . ¶21 Because Wisconsin law imposes harsh penalties on insurers who breach their duty to defend—including loss of the right to control the defense, loss of the right to contest coverage, a heightened interest obligation, and, potentially, a damages award for bad faith—a safe harbor of sorts has been created that allows insurers to avoid breaching their duty to defend by agreeing to defend under a reservation of rights 2021Estate of Sustache, 311 Wis. 2d 548, ¶20 ; Stimac Family Trust 11 Nos. 2019AP1085 2019AP1086 v. Wisconsin Power & Light Co., 2017 WI App 33, ¶7 , 375 Wis. 2d 787 , 896 N.W.2d 383 . ¶21 Because Wisconsin law imposes harsh penalties on insurers who breach their duty to defend—including loss of the right to control the defense, loss of the right to contest coverage, a heightened interest obligation, and, potentially, a damages award for bad faith—a safe harbor of sorts has been created that allows insurers to avoid breaching their duty to defend by agreeing to defend under a reservation of rights | 1 | 2021–2021 |
ESTATE OF SUSTACHE v. American Family Mutual Insurance Company
green
2 sentences2021Estate of Sustache, 311 Wis. 2d 548, ¶20 ; Stimac Family Trust 11 Nos. 2019AP1085 2019AP1086 v. Wisconsin Power & Light Co., 2017 WI App 33, ¶7 , 375 Wis. 2d 787 , 896 N.W.2d 383 . ¶21 Because Wisconsin law imposes harsh penalties on insurers who breach their duty to defend—including loss of the right to control the defense, loss of the right to contest coverage, a heightened interest obligation, and, potentially, a damages award for bad faith—a safe harbor of sorts has been created that allows insurers to avoid breaching their duty to defend by agreeing to defend under a reservation of rights 2021Estate of Sustache, 311 Wis. 2d 548 , ¶¶25- 26. | 1 | 2021–2021 |
Marten Transport, Ltd. v. Hartford Specialty Co.
green
2 sentences2004Marten Transp., Ltd. v. Hartford Specialty Co., 194 Wis. 2d 1, 18 , 533 N.W.2d 452 (1995)(internal citation omitted). 9 Shelby claims that simply admitting that the exposure occurred during the time alleged does not mean that it conceded Bosco's injury occurred during this time. 2004Marten Transp., Ltd. v. Hartford Specialty Co., 194 Wis. 2d 1, 18 , 533 N.W.2d 452 (1995)(internal citation omitted). 9 Shelby claims that simply admitting that the exposure occurred during the time alleged does not mean that it conceded Bosco's injury occurred during this time. | 1 | 2004–2004 |
Patrick v. Head of the Lakes Cooperative Electric Ass'n
green
2 sentences1986Ass'n., 98 Wis. 2d 66, 72-73 , 295 N.W. 2d 205 (Ct. App. 1980) (when an insurer refuses to defend, it loses the right to control the defense or the settlement of the action). 1986Ass'n., 98 Wis. 2d 66, 72-73 , 295 N.W. 2d 205 (Ct. App. 1980) (when an insurer refuses to defend, it loses the right to control the defense or the settlement of the action). | 1 | 1986–1986 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.