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FARMERS MUT. INS. CO. v. FISCHER

34 Wis.2d 322 (1967)

FARMERS MUTUAL INSURANCE COMPANY, Plaintiff and Appellant, v. FISCHER, Defendant: GREAT LAKES MUTUAL INSURANCE COMPANY, Defendant and Respondent.

Supreme Court of Wisconsin.

April 11, 1967.

Attorney(s) appearing for the Case

For the appellant there was a brief by Benton, Bosser, Fulton, Menn & Nehs, attorneys, and Peter S. Nelson of counsel, all of Appleton, and oral argument by Mr. Nelson.

For the respondent there was a brief by Kaftan, Kaftan & Kaftan of Green Bay, and oral argument by Arthur Kaftan.

HEFFERNAN, J.

The policy issued by the defendant contained the usual "no-action" clause providing that

"No action shall lie against the company ... until the amount of the insured's obligation to pay shall have been finally determined either by judgment against the insured after actual trial or by written agreement of the insured, the claimant and the company.... Nothing contained in this policy shall give any person...

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