policy factors (Wisconsin) · Go Syfert
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policy factors in Wisconsin

43 Wisconsin opinions name it 3 courts 1953–2026 3 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.

Followed or applied (13)

CaseFollowedCited
Sterlingworth Condominium Ass'n v. State, Department of Natural Resourcesgreen
wisctapp · 1996 · cited in 2 Wisconsin opinions naming this issue, 1998–2025
2 sentences

2025Ass’n, 205 Wis. 2d at 724-25 (citation omitted). ¶22 WISCONSIN STAT. § 30.12 also grants the DNR authority to “promulgate rules that limit the issuance of individual permits for solid piers.” Sec. 30.12(3m)(d)2.

1998In Sterlingworth, we noted that the policy factors demonstrating the public interest included "the desire to preserve the natural beauty of our navigable waters, to obtain the fullest public use of such waters, including but not limited to navigation, and to provide for the convenience of riparian owners." Sterlingworth, 205 Wis. 2d at 724-25 , 556 N.W.2d at *160 796 (quoting Hixon v. Public Serv.

12
Pouwels v. Cheese Makers Mutual Casualty Co.green
wis · 1949 · cited in 2 Wisconsin opinions naming this issue, 2010–2012
2 sentences

2012After deciding against the insurer on the merits, the court proceeded to address the issue of waiver, opining that "[t]he insurance company by its conduct waived its right to assert the policy defense of noncoverage." Pouwels, 255 Wis. at 107 . ¶ 46.

2012The insurance company by its conduct waived its right to assert the policy defense of non-coverage." Id. at 107 (emphasis added).

12
Shannon v. Shannongreen
wis · 1989 · cited in 2 Wisconsin opinions naming this issue, 1990–2010
2 sentences

2010We recognize that in both Shannon v. Shannon, 150 Wis. 2d 434 , 453-54 n.4, 442 N.W.2d 25 (1989), and Utica, 157 Wis. 2d at 564 , it was observed that Pouwels is of "limited instructive value" in determining whether a policy clause is an exclusion provision or a forfeiture provision.

2010We recognize that in both Shannon v. Shannon, 150 Wis. 2d 434 , 453-54 n.4, 442 N.W.2d 25 (1989), and Utica, 157 Wis. 2d at 564 , it was observed that Pouwels is of "limited instructive value" in determining whether a policy clause is an exclusion provision or a forfeiture provision.

12
Ryder v. State Farm Mutual Automobile Insurancegreen
wis · 1971 · cited in 2 Wisconsin opinions naming this issue, 1987–2001
2 sentences

2001Instead, the court simply said: "the knowledge of one agent or employee is not imputed to another in these circumstances for the *230 purpose of showing an intent of the insurer to waive a policy defense." Id.

1987He also argues that in the absence of a demonstration of prejudice to Northern, the general release of the tortfeasor should fail as a policy defense pursuant to Ryder v. State Farm *54 Mutual Automobile Insurance Co., 51 Wis. 2d 318 , 187 N.W.2d 176 (1971).

12
Hixon v. Public Service Commissiongreen
wis · 1966 · cited in 2 Wisconsin opinions naming this issue, 1996–1998
2 sentences

1996Both §§ 30.12 and .30.13, STATS., prohibit structures that are detrimental to the public interest. 5 Both statutes authorize the DNR to weigh the relevant policy factors which include "the desire to preserve the natural beauty of our navigable waters, to obtain the fullest public use of such waters, including but not *725 limited to navigation, and to provide for the convenience of riparian owners." Hixon, 32 Wis. 2d at 620 , 146 N.W.2d at 583 .

1996Both §§ 30.12 and .30.13, STATS., prohibit structures that are detrimental to the public interest. 5 Both statutes authorize the DNR to weigh the relevant policy factors which include "the desire to preserve the natural beauty of our navigable waters, to obtain the fullest public use of such waters, including but not *725 limited to navigation, and to provide for the convenience of riparian owners." Hixon, 32 Wis. 2d at 620 , 146 N.W.2d at 583 .

12
Jacobi v. Podevelsgreen
wis · 1964 · cited in 2 Wisconsin opinions naming this issue, 1967–1976
2 sentences

1976The policy of the privilege was expressed in Jacobi v. Podevels (1964), 23 Wis. 2d 152, 156, 157 , 127 N. W. 2d 73 : “One of the fundamental policies of our law, and one which dominates in the absence of a special policy arising in particular types of situations, is that the judicial system and rules of procedure should provide litigants with full access to all reasonable means of determining the truth.

1976The policy of the privilege was expressed in Jacobi v. Podevels (1964), 23 Wis. 2d 152, 156, 157 , 127 N. W. 2d 73 : “One of the fundamental policies of our law, and one which dominates in the absence of a special policy arising in particular types of situations, is that the judicial system and rules of procedure should provide litigants with full access to all reasonable means of determining the truth.

12
American Family Mutual Insurance v. American Girl, Inc.green
wis · 2004 · cited in 1 Wisconsin opinions naming this issue, 2024–2024
1 sentence

2024See American Girl, 268 Wis. 2d 16, ¶24 .

11
Wright v. Colemangreen
wis · 1989 · cited in 1 Wisconsin opinions naming this issue, 2000–2000
2 sentences

2000The court stated that Clark was not "a special rule applicable only for hazards that were 'hidden' but a case of inapplicability of the policy immunity recognized in Hass . . . ." Id. at 905.

2000The court stated that Clark was not "a special rule applicable only for hazards that were `hidden' but a case of inapplicability of the policy immunity recognized in Hass. . . ." Id. at 905.

11
City of Milwaukee v. Milwaukee Police Ass'ngreen
wis · 1980 · cited in 1 Wisconsin opinions naming this issue, 1997–1997
2 sentences

1997See City of Milwaukee v. Milwaukee Police Assoc., 97 Wis. 2d 15, 20 , 292 N.W.2d 841, 844 (1980).

1997See City of Milwaukee v. Milwaukee Police Assoc., 97 Wis. 2d 15, 20 , 292 N.W.2d 841, 844 (1980).

11
Hagen v. Gulrudgreen
wisctapp · 1989 · cited in 1 Wisconsin opinions naming this issue, 1995–1995
2 sentences

1995See Hagen v. Gulrud, 151 Wis. 2d 1, 4 , 442 N.W.2d 570, 571-72 (Ct. App. 1989).

1995See Hagen v. Gulrud, 151 Wis. 2d 1, 4 , 442 N.W.2d 570, 571-72 (Ct. App. 1989).

11
Barber v. Nylundgreen
wisctapp · 1990 · cited in 1 Wisconsin opinions naming this issue, 1991–1991
2 sentences

1991"The duty to defend is a contractual obligation of the insurer in line with the insured's reasonable expectation of protection." Barber v. Nylund, 158 Wis. 2d 192, 196 , 461 N.W.2d 809, 811 (Ct. App. 1990).

1991"The duty to defend is a contractual obligation of the insurer in line with the insured's reasonable expectation of protection." Barber v. Nylund, 158 Wis. 2d 192, 196 , 461 N.W.2d 809, 811 (Ct. App. 1990).

11
Hickey v. Wisconsin Mutual Insurancegreen
wis · 1941 · cited in 1 Wisconsin opinions naming this issue, 1988–1988
2 sentences

1988The court held that the insurance carrier had waived its defense since "[n]either in its letter referring to the alleged misrepresentation nor in the nonwaiver agreement did appellant specifically refer to the lack of notice or give any indication of its intention to raise any objection on that ground.” Id. at 436-37 , 300 N.W. at 366 (emphasis added).

1988The court held that the insurance carrier had waived its defense since "[n]either in its letter referring to the alleged misrepresentation nor in the nonwaiver agreement did appellant specifically refer to the lack of notice or give any indication of its intention to raise any objection on that ground.” Id. at 436-37 , 300 N.W. at 366 (emphasis added).

11
Barry Laboratories, Inc. v. State Board of Pharmacygreen
wis · 1965 · cited in 1 Wisconsin opinions naming this issue, 1974–1974
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway.

Also cited on this issue (36)

CaseCitedYears
Vieau v. American Family Mutual Insurance green
wis · 2006
1 sentence

2026Vieau, 289 Wis. 2d 552 , ¶23 n.6. 10 No. 2024AP992 3.

12026–2026
Winebow, Inc. v. Capitol-Husting Co., Inc. green
wis · 2018
2 sentences

2020The respondents make this point in reference to our recent decision in Winebow, Inc. v. Capitol- Husting Co., which turned in part on the effect of partial vetoes in the 1999-2001 budget. 2018 WI 60 , ¶¶12–22, 381 Wis. 2d 732 , 914 N.W.2d 631 (discussing 1999 Wis. Act 9, § 2166m and § 2166s).

2020The respondents make this point in reference to our recent decision in Winebow, Inc. v. Capitol- Husting Co., which turned in part on the effect of partial vetoes in the 1999-2001 budget. 2018 WI 60 , ¶¶12–22, 381 Wis. 2d 732 , 914 N.W.2d 631 (discussing 1999 Wis. Act 9, § 2166m and § 2166s).

12020–2020
Melissa Anderson v. Thomas Aul green
wis · 2015
1 sentence

2018Id. , ¶ 7.

12018–2018
Koehring Co. v. American Mutual Liability Insurance green
wied · 1983
1 sentence

2012Pouwels is directly on point and controls in this situation, as the United States District Court for the Eastern District of Wisconsin recognized in Koehring, 564 F. Supp. 303 . ¶ 82.

12012–2012
Whirlpool Corp. v. Ziebert green
wis · 1995
2 sentences

2011Addressing Wendy's wrongful death claim, the court found that "Wendy Day is clearly not an insured under Clinton Day's insurance policy with Allstate." It explained that it was required to interpret the phrase "accrue directly or indirectly to an insured person." Relying on this court's discussion of that phrase in Whirlpool Corp. v. Ziebert, 197 Wis. 2d 144, 152 , 539 N.W.2d 883 (1995), the circuit court determined: "This court cannot, as a matter of law, find that any moneys that Wendy Day may receive would 'be funneled through' directly or indirectly" to Hannah or Desirae.

2011Addressing Wendy's wrongful death claim, the court found that "Wendy Day is clearly not an insured under Clinton Day's insurance policy with Allstate." It explained that it was required to interpret the phrase "accrue directly or indirectly to an insured person." Relying on this court's discussion of that phrase in Whirlpool Corp. v. Ziebert, 197 Wis. 2d 144, 152 , 539 N.W.2d 883 (1995), the circuit court determined: "This court cannot, as a matter of law, find that any moneys that Wendy Day may receive would 'be funneled through' directly or indirectly" to Hannah or Desirae.

12011–2011
Utica Mutual Insurance v. Klein & Son, Inc. green
wisctapp · 1990
1 sentence

2010We recognize that in both Shannon v. Shannon, 150 Wis. 2d 434 , 453-54 n.4, 442 N.W.2d 25 (1989), and Utica, 157 Wis. 2d at 564 , it was observed that Pouwels is of "limited instructive value" in determining whether a policy clause is an exclusion provision or a forfeiture provision.

12010–2010
Glens Falls Insurance Company v. A. R. Gray green
ca5 · 1967
1 sentence

2006Co. v. Gray, 386 F.2d 520 (5th Cir. 1967), a case decided under Florida law.

12006–2006
Sopha v. Owens-Corning Fiberglas Corp. green
wis · 1999
2 sentences

2005In Sopha v. Owens-Corning Fiberglas Corp., 230 Wis. 2d 212 , 601 N.W.2d 627 (1999), this court adopted a § 26(1)(f) "special circumstances" exception, addressing the narrow issue of multiple injuries with long latency periods that result from exposure to asbestos. 36 The court recognized that to "blindly apply" the doctrine of claim preclusion without exceptions does not further a policy of claim preclusion to render justice, but rather undermines it. 37 ¶ 41.

2005In Sopha v. Owens-Corning Fiberglas Corp., 230 Wis. 2d 212 , 601 N.W.2d 627 (1999), this court adopted a § 26(1)(f) "special circumstances" exception, addressing the narrow issue of multiple injuries with long latency periods that result from exposure to asbestos. 36 The court recognized that to "blindly apply" the doctrine of claim preclusion without exceptions does not further a policy of claim preclusion to render justice, but rather undermines it. 37 ¶ 41.

12005–2005
Folkman v. Quamme green
wis · 2003
2 sentences

2004"Occasionally a clear and un ambiguous provision may be found ambiguous in the context of the entire policy." Folkman, 264 Wis. 2d 617, ¶ 19 . ¶ 27.

2004"Occasionally a clear and unambiguous *183 provision may be found ambiguous in the context of the entire policy." Folkman, 264 Wis. 2d 617, ¶ 19 . ¶ 27.

12004–2004
West Bend Mutual Insurance v. Playman green
wis · 1992
1 sentence

2003Is not covered under the terms of the policy as a newly acquired or replacement motor vehicle. 22 The legislative policy behind Wis. Stat. § 632.32 (5)(f) is contained in the Legislative Council Information Memorandum 96-25 to 1995 Wisconsin Act 21, which states: "Section 632.32(5)(f), Stats., as created by the Act, permits motor vehicle insurance policies to prohibit 'stacking' of uninsured or under-insured motorist coverage or any other coverage, such as medical payments coverage, provided under the policies." (Emphasis in original.) 23 See also Playman, 171 Wis. 2d at 40 n.1, 43-44; Agnew v

12003–2003
Miller v. Wal-Mart Stores, Inc. green
wis · 1998
2 sentences

2002And I would conclude that none of the policy factors found in Miller, 219 Wis. 2d at 264-65 , and no other public policy reason required that Hicks's complaint against Nunnery should be dismissed.

2002And I would conclude that none of the policy factors found in Miller, 219 Wis. 2d at 264-65 , and no other public policy reason required that Hicks's complaint against Nunnery should be dismissed.

12002–2002
Loy v. Bunderson green
wis · 1982
2 sentences

2001This court held that the primary insurer's duty to defend was fully discharged — "exhausted" within the meaning of this clause — by a settlement for less than full policy limits, plus the execution of a Loy [Loy v. Bunderson, 107 Wis. 2d 400 , 320 N.W.2d 175 (1982)] release.

2001This court held that the primary insurer's duty to defend was fully discharged — "exhausted" within the meaning of this clause — by a settlement for less than full policy limits, plus the execution of a Loy [Loy v. Bunderson, 107 Wis. 2d 400 , 320 N.W.2d 175 (1982)] release.

12001–2001
Teigen v. Jelco of Wisconsin, Inc. green
wis · 1985
2 sentences

2001Specifically, the policy clause in question stated that the insurer was not obligated "to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements." Teigen, 124 Wis. 2d at 8 .

2001Specifically, the policy clause in question stated that the insurer was not obligated "to defend any suit after the applicable limit of the company's liability has been exhausted by payment of judgments or settlements." Teigen, 124 Wis. 2d at 8 .

12001–2001
General Casualty Co. of Wisconsin v. Hills green
wis · 1997
2 sentences

2000General Casualty Co. v. Hills, 209 Wis. 2d 167 , 172-73 n.9, 561 N.W.2d 718 (1997).

2000General Casualty Co. v. Hills, 209 Wis. 2d 167 , 172-73 n.9, 561 N.W.2d 718 (1997).

12000–2000
Bindrim v. B. & J. Insurance Agency green
wis · 1995
2 sentences

1998The husband's insurance policy contained a clause restricting insurance for bodily injury and property damage liability to only the named insured on the policy and a clause entitled "Named Operators Coverage for non-owned vehicles." Id. at 531-32 , 527 N.W.2d at 322 .

1998The husband's insurance policy contained a clause restricting insurance for bodily injury and property damage liability to only the named insured on the policy and a clause entitled "Named Operators Coverage for non-owned vehicles." Id. at 531-32 , 527 N.W.2d at 322 .

11998–1998
Bushko v. Miller Brewing Co. green
wis · 1986
2 sentences

1997Cognizant of the far reaching implications of holding that an employee's termination for acting in accordance with general public policy was actionable under the wrongful discharge doctrine, we expressly limited the scope of the policy exception to the employment-at-will doctrine in Bushko v. Miller Brewing Co., 134 Wis. 2d 136 , 396 N.W.2d 167 (1986).

1997Cognizant of the far reaching implications of holding that an employee's termination for acting in accordance with general public policy was actionable under the wrongful discharge doctrine, we expressly limited the scope of the policy exception to the employment-at-will doctrine in Bushko v. Miller Brewing Co., 134 Wis. 2d 136 , 396 N.W.2d 167 (1986).

11997–1997
Tillman v. Vance Equipment Co. green
or · 1979
2 sentences

1983The Supreme Court of Oregon analyzed the various policy factors favoring strict liability and concluded they did not apply to the seller of used goods in the case of Tillman v. Vance Equipment Co., 286 Or. 747 , 596 P.2d 1299 (1979).

1983The Supreme Court of Oregon analyzed the various policy factors favoring strict liability and concluded they did not apply to the seller of used goods in the case of Tillman v. Vance Equipment Co., 286 Or. 747 , 596 P.2d 1299 (1979).

11983–1983
Deblon v. Beaton green
njsuperctappdiv · 1968
1 sentence

1983All that is required is a jury verdict of negligence and damages in excess of the primary coverage....'" 103 N.J.

11983–1983
Hunker v. Royal Indemnity Co. green
wis · 1973
11976–1976
Nixon v. Farmers Insurance Exchange green
wis · 1972
11976–1976
Amidzich v. Charter Oak Fire Insurance green
wis · 1969
11976–1976
State v. Public Service Commission green
wis · 1957
11974–1974
Scott v. Whelan neutral
mich · 1893
11971–1971
Ryan v. Rockford Insurance neutral
wis · 1893
11971–1971
Stowe v. Stowe neutral
wis · 1966
11969–1969
Peppas v. City of Milwaukee green
wis · 1966
11969–1969
Kurz v. Collins green
wis · 1959
11967–1967
Parrish v. Phillips green
wis · 1938
11966–1966
Nichols v. State neutral
wis · 1874
11966–1966
Calhoun v. Western Casualty & Surety Co. green
wis · 1951
11966–1966
Buss v. Clements neutral
wis · 1963
11966–1966
State ex rel. Isenring v. Polacheck green
· 1898
11966–1966
Griffith v. United Air Lines, Inc. green
pa · 1964
11965–1965
Petrich v. McDonald green
wash · 1954
11958–1958
Aalfs v. Aalfs green
iowa · 1954
11958–1958
Bachman v. Young Women's Christian Ass'n green
wis · 1922
11953–1953

Statutes the citing opinions construe

WI § Wis. Stat. § 802.08 (13) WI § Wis. Stat. § 632.32 (7) WI § Wis. Stat. § 227.57 (3) WI § Wis. Stat. § 30.12 (3) WI § Wis. Stat. § 808.10 (3)

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.

Where else courts name it

CA 183 (1891–2026) TX 176 (1904–2026) IL 160 (1895–2026) NY 98 (1863–2025) LA 75 (1907–2023) PA 73 (1891–2026) MO 56 (1875–2021) WV 54 (1901–2026) MI 53 (1895–2024) NJ 49 (1902–2023) WA 48 (1894–2025) FL 47 (1936–2022) OH 44 (1912–2024) WI 43 (1953–2026) NC 34 (1915–2025) MD 30 (1933–2021) GA 29 (1921–2025) KS 29 (1917–2025) WY 29 (1978–2026) AZ 28 (1927–2022) MA 28 (1857–2021) AR 27 (1909–2025) IN 27 (1874–2024) IA 24 (1897–2016) KY 23 (1903–2025) MS 22 (1951–2015) AL 21 (1834–2018) MN 20 (1976–2014) NE 19 (1896–2022) OR 19 (1905–2023) TN 19 (1927–2021) NM 18 (1933–2016) VA 18 (1926–2025) CT 16 (1963–2025) VT 15 (1899–2024) DE 14 (1961–2024) CO 12 (1908–2017) OK 12 (1923–2022) UT 12 (1933–2022) SC 11 (1933–2026) AK 10 (1960–2004) ID 9 (1987–2022) NH 8 (1936–1999) ND 7 (1901–2024) DC 7 (1978–2025) SD 6 (1972–2026) MT 6 (1935–2016) NV 5 (2011–2022) RI 5 (1970–2004) ME 4 (1963–2002) HI 4 (1964–2015)

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.

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