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SCHRAMM v. DOTZ

23 Wis.2d 678 (1964)

SCHRAMM, Plaintiff and Respondent, v. DOTZ, Defendant: BADGER MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

April 28, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief by Hoffman, Cannon, McLaughlin & Herbon, attorneys, and Peter W. Bunde of counsel, all of Milwaukee, and oral argument by Mr. Bunde.

For the respondent there was a brief by Donald F. Konle, attorney, and Ray T. McCann and Richard J. Murphy of counsel, all of Milwaukee, and oral argument by Mr. McCann.

FAIRCHILD, J.

1. Arbitration. Defendant contends that the action cannot be maintained because the insured failed to resort to arbitration before bringing action. In a well-reasoned and helpful opinion, the learned circuit judge decided that ch. 298, Stats., has created exclusive remedies for the enforcement of agreements to arbitrate, which were unenforceable at common law; and that defendant, by its conduct in intentionally and consistently seeking a dismissal...

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