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HOWARD v. STATE FARM MUT. AUTO. L. INS. CO.

No. 86 (1974).

70 Wis.2d 985 (1975)

236 N. W. 2d 643

HOWARD, receiver of the assets of Caren Pfeffer, Respondent, v. STATE FARM MUTUAL AUTOMOBILE LIABILITY INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided December 19, 1975.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Otjen, Philipp & McFadyen of Milwaukee.

For the respondent the cause was submitted on the brief of Warshafsky, Rotter & Tarnoff, S. C., attorneys, and Ted M. Warshafsky and Alan Gesler of counsel, all of Milwaukee.

Submitted under sec. (Rule) 251.54 December 1, 1975.

BEILFUSS, J.

State Farm raises three issues upon appeal. First, State Farm contends that the trial court erred in concluding that the matter of mitigated damages was neither properly raised nor sufficiently proved. Secondly, State Farm contends that its offers of judgment for the policy limits prior to the trial on Toomey's claim preclude, as a matter of law, a finding of bad faith on its part. Finally,...

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