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ATTOE v. STATE FARM MUT. AUTOMOBILE INS. CO.

36 Wis.2d 539 (1967)

ATTOE and others, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and another, Respondents. [Three cases.]

Supreme Court of Wisconsin.

October 31, 1967.

Attorney(s) appearing for the Case

For the appellants there were briefs by Fulton, Menn & Nehs of Appleton, and Wickham, Borgelt, Skogstad & Powell of Milwaukee, attorneys, and Clayton R. Hahn and George N. Kotsonis of counsel, both of Milwaukee, and oral argument by Mr. Hahn.

For the respondent State Farm Mutual Automobile Insurance Company there was a brief and oral argument by Arno J. Miller of Portage.

For the respondent Northwestern National Casualty Company there was a brief by Ray T. McCann, and oral argument by John T. McCann, both of Milwaukee.

CURRIE, C. J.

While other issues are raised in the briefs of the parties,3 we find it unnecessary to consider any issue other than whether the two defendant insurance companies by their conduct have waived the defense of the no-action clauses contained in their policies.

Such no-action clauses usually provide that no action shall lie against the insurer until the amount of the insured...

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