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.
| Case | Followed | Cited |
|---|---|---|
Sterlingworth Condominium Ass'n v. State, Department of Natural Resourcesgreen2 sentences2025Ass’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. | 1 | 2 |
Pouwels v. Cheese Makers Mutual Casualty Co.green2 sentences2012After 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). | 1 | 2 |
Shannon v. Shannongreen2 sentences2010We 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. | 1 | 2 |
Ryder v. State Farm Mutual Automobile Insurancegreen2 sentences2001Instead, 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). | 1 | 2 |
Hixon v. Public Service Commissiongreen2 sentences1996Both §§ 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 . | 1 | 2 |
Jacobi v. Podevelsgreen2 sentences1976The 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. | 1 | 2 |
American Family Mutual Insurance v. American Girl, Inc.green1 sentence2024See American Girl, 268 Wis. 2d 16, ¶24 . | 1 | 1 |
Wright v. Colemangreen2 sentences2000The 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. | 1 | 1 |
City of Milwaukee v. Milwaukee Police Ass'ngreen2 sentences1997See 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). | 1 | 1 |
Hagen v. Gulrudgreen2 sentences1995See 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). | 1 | 1 |
Barber v. Nylundgreen2 sentences1991"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). | 1 | 1 |
Hickey v. Wisconsin Mutual Insurancegreen2 sentences1988The 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). | 1 | 1 |
| Barry Laboratories, Inc. v. State Board of Pharmacygreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Vieau v. American Family Mutual Insurance
green
1 sentence2026Vieau, 289 Wis. 2d 552 , ¶23 n.6. 10 No. 2024AP992 3. | 1 | 2026–2026 |
Winebow, Inc. v. Capitol-Husting Co., Inc.
green
2 sentences2020The 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). | 1 | 2020–2020 |
Melissa Anderson v. Thomas Aul
green
1 sentence2018Id. , ¶ 7. | 1 | 2018–2018 |
Koehring Co. v. American Mutual Liability Insurance
green
1 sentence2012Pouwels 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. | 1 | 2012–2012 |
Whirlpool Corp. v. Ziebert
green
2 sentences2011Addressing 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. | 1 | 2011–2011 |
Utica Mutual Insurance v. Klein & Son, Inc.
green
1 sentence2010We 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. | 1 | 2010–2010 |
Glens Falls Insurance Company v. A. R. Gray
green
1 sentence2006Co. v. Gray, 386 F.2d 520 (5th Cir. 1967), a case decided under Florida law. | 1 | 2006–2006 |
Sopha v. Owens-Corning Fiberglas Corp.
green
2 sentences2005In 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. | 1 | 2005–2005 |
Folkman v. Quamme
green
2 sentences2004"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. | 1 | 2004–2004 |
West Bend Mutual Insurance v. Playman
green
1 sentence2003Is 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 | 1 | 2003–2003 |
Miller v. Wal-Mart Stores, Inc.
green
2 sentences2002And 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. | 1 | 2002–2002 |
Loy v. Bunderson
green
2 sentences2001This 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. | 1 | 2001–2001 |
Teigen v. Jelco of Wisconsin, Inc.
green
2 sentences2001Specifically, 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 . | 1 | 2001–2001 |
General Casualty Co. of Wisconsin v. Hills
green
2 sentences2000General 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). | 1 | 2000–2000 |
Bindrim v. B. & J. Insurance Agency
green
2 sentences1998The 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 . | 1 | 1998–1998 |
Bushko v. Miller Brewing Co.
green
2 sentences1997Cognizant 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). | 1 | 1997–1997 |
Tillman v. Vance Equipment Co.
green
2 sentences1983The 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). | 1 | 1983–1983 |
Deblon v. Beaton
green
1 sentence1983All that is required is a jury verdict of negligence and damages in excess of the primary coverage....'" 103 N.J. | 1 | 1983–1983 |
| Hunker v. Royal Indemnity Co. green | 1 | 1976–1976 |
| Nixon v. Farmers Insurance Exchange green | 1 | 1976–1976 |
| Amidzich v. Charter Oak Fire Insurance green | 1 | 1976–1976 |
| State v. Public Service Commission green | 1 | 1974–1974 |
| Scott v. Whelan neutral | 1 | 1971–1971 |
| Ryan v. Rockford Insurance neutral | 1 | 1971–1971 |
| Stowe v. Stowe neutral | 1 | 1969–1969 |
| Peppas v. City of Milwaukee green | 1 | 1969–1969 |
| Kurz v. Collins green | 1 | 1967–1967 |
| Parrish v. Phillips green | 1 | 1966–1966 |
| Nichols v. State neutral | 1 | 1966–1966 |
| Calhoun v. Western Casualty & Surety Co. green | 1 | 1966–1966 |
| Buss v. Clements neutral | 1 | 1966–1966 |
| State ex rel. Isenring v. Polacheck green | 1 | 1966–1966 |
| Griffith v. United Air Lines, Inc. green | 1 | 1965–1965 |
| Petrich v. McDonald green | 1 | 1958–1958 |
| Aalfs v. Aalfs green | 1 | 1958–1958 |
| Bachman v. Young Women's Christian Ass'n green | 1 | 1953–1953 |
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.