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MILLER v. WADKINS

31 Wis.2d 281 (1966)

MILLER, Appellant, v. WADKINS and another, Respondents.

Supreme Court of Wisconsin.

June 7, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief by Kersten & McKinnon, attorneys, and Kenan J. Kersten of counsel, all of Milwaukee, and oral argument by Kenan J. Kersten.

For the respondents there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Clayton R. Hahn of counsel, all of Milwaukee, and oral argument by Mr. Hahn.

WILKIE, J.

The single issue presented on this appeal is whether an insurer which issues an automobile liability insurance policy, containing a no-action clause, in Wisconsin to a Wisconsin resident can be sued directly under sec. 260.11 (1), Stats., when the accident occurs outside the state.

Secs. 204.30 (4) and 260.11 (1), Stats., are commonly known as the "direct-action" statutes.1

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