Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
7 Wisconsin opinions name it 2 courts 1989–2018 0 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 |
|---|---|---|
Hebela v. Healthcare Ins. Co.green2 sentences2007Id. at 83 ("When the defense costs cannot be apportioned, the insurer must assume the cost of the defense for both covered and non-covered claims."). 2007Id. at 83 ("When the defense costs cannot be apportioned, the insurer must assume the cost of the defense for both covered and non-covered claims."). | 2 | 2 |
Kenneth C. Burgraff, Sr. v. Menard, Inc.green2 sentences2018In the alternative, Greenwich argues that if the court applies a pro rata allocation based on policy limits, Greenwich would be responsible for 20/52 (about thirty-eight percent) of the defense costs because its policy limits represented thirty-eight percent of the total policy limits of all insurers. 12 Greenwich also addresses Burgraff v. Menard, Inc. , 2016 WI 11 , ¶ 73, 367 Wis. 2d 50 , 875 N.W.2d 596 , and Mitsubishi , 304 Wis. 2d 637 , 738 N.W.2d 87 (both cited by Steadfast), and attempts to distinguish those cases. ¶ 60 In opposition, Steadfast argues that the trial court correctly conc 2018In the alternative, Greenwich argues that if the court applies a pro rata allocation based on policy limits, Greenwich would be responsible for 20/52 (about thirty-eight percent) of the defense costs because its policy limits represented thirty-eight percent of the total policy limits of all insurers. 12 Greenwich also addresses Burgraff v. Menard, Inc. , 2016 WI 11 , ¶ 73, 367 Wis. 2d 50 , 875 N.W.2d 596 , and Mitsubishi , 304 Wis. 2d 637 , 738 N.W.2d 87 (both cited by Steadfast), and attempts to distinguish those cases. ¶ 60 In opposition, Steadfast argues that the trial court correctly conc | 1 | 1 |
SOUTHEAST WISCONSIN v. Mitsubishigreen2 sentences2018Am., Inc. , 2007 WI App 185 , ¶¶ 61-62, 304 Wis. 2d 637 , 738 N.W.2d 87 (directing an insurer that had breached its duty to defend to pay the full costs of the defense to the insurer that had defended the insured). ¶ 55 Also, in Valley Bancorporation v. Auto Owners Insurance Co. , 212 Wis. 2d 609 , 623-24, 569 N.W.2d 345 (Ct. App. 1997), this court held that, under the doctrine of equitable subrogation, Valley Bancorporation's primary insurer could recover from the excess insurer the amount it paid over its policy limit. 2018Am., Inc. , 2007 WI App 185 , ¶¶ 61-62, 304 Wis. 2d 637 , 738 N.W.2d 87 (directing an insurer that had breached its duty to defend to pay the full costs of the defense to the insurer that had defended the insured). ¶ 55 Also, in Valley Bancorporation v. Auto Owners Insurance Co. , 212 Wis. 2d 609 , 623-24, 569 N.W.2d 345 (Ct. App. 1997), this court held that, under the doctrine of equitable subrogation, Valley Bancorporation's primary insurer could recover from the excess insurer the amount it paid over its policy limit. | 1 | 1 |
Acuity v. Chartis Specialty Insurance Companygreen1 sentence2018See id. | 1 | 1 |
Continental Casualty Co. v. National Union Fire Insurancegreen1 sentence2016See Cont'l Cas., 940 F. Supp. 2d at 929 (explaining that such a holding "would not accomplish substantial justice"). ¶116 Additionally, I recognize that "[a] breach of the obligation to defend should not be encouraged, but the rule which allows an insurer to avoid the costs of defense tends to encourage an avoidance of the insurer's responsibilities." Nat'l Indem. | 1 | 1 |
Mowry v. Badger State Mutual Casualty Co.green2 sentences1996See id. at 509-10 , 385 N.W.2d at 178 . 1996See id. at 509-10 , 385 N.W.2d at 178 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Valley Bancorporation v. Auto Owners Insurance Co.
green
2 sentences2018Am., Inc. , 2007 WI App 185 , ¶¶ 61-62, 304 Wis. 2d 637 , 738 N.W.2d 87 (directing an insurer that had breached its duty to defend to pay the full costs of the defense to the insurer that had defended the insured). ¶ 55 Also, in Valley Bancorporation v. Auto Owners Insurance Co. , 212 Wis. 2d 609 , 623-24, 569 N.W.2d 345 (Ct. App. 1997), this court held that, under the doctrine of equitable subrogation, Valley Bancorporation's primary insurer could recover from the excess insurer the amount it paid over its policy limit. 2018Am., Inc. , 2007 WI App 185 , ¶¶ 61-62, 304 Wis. 2d 637 , 738 N.W.2d 87 (directing an insurer that had breached its duty to defend to pay the full costs of the defense to the insurer that had defended the insured). ¶ 55 Also, in Valley Bancorporation v. Auto Owners Insurance Co. , 212 Wis. 2d 609 , 623-24, 569 N.W.2d 345 (Ct. App. 1997), this court held that, under the doctrine of equitable subrogation, Valley Bancorporation's primary insurer could recover from the excess insurer the amount it paid over its policy limit. | 1 | 2018–2018 |
United Capitol Insurance v. Bartolotta's Fireworks Co.
green
2 sentences2010The court of appeals declared that it "cannot say that [the insurance company] acted in bad faith by striking when the iron was hot and moving this case to settlement" when the insurance company "had the authority to investigate, value, and settle any claim, and did so." Bartolotta's Fireworks, 200 Wis.2d at 297 , 546 N.W.2d 198 . 2010The court of appeals declared that it "cannot say that [the insurance company] acted in bad faith by striking when the iron was hot and moving this case to settlement" when the insurance company "had the authority to investigate, value, and settle any claim, and did so." Bartolotta's Fireworks, 200 Wis.2d at 297 , 546 N.W.2d 198 . | 1 | 2010–2010 |
Solimine v. Hollander
green
2 sentences1989Id., 19 A.2d at 348 . 14 The amended complaint and moving papers were filed on March 14, 1986. 1989Id., 19 A.2d at 348 . 14 The amended complaint and moving papers were filed on March 14, 1986. | 1 | 1989–1989 |
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.