ANDERSON v. CONTINENTAL INS. CO.

No. 76-242.

85 Wis.2d 675 (1978)

271 N.W.2d 368

ANDERSON, and wife, Plaintiffs-Appellants, v. CONTINENTAL INSURANCE COMPANY, and others, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided October 31, 1978.


Attorney(s) appearing for the Case

For the appellants there were briefs by Robert Arthur Melin of Schroeder, Gedlen, Riester & Moerke, with oral argument by Mr. Melin, all of Milwaukee.

For the respondents there was a brief by Joseph D. McDevitt and Borgelt, Powell, Peterson & Frauen, S. C., and oral argument by Mr. McDevitt, all of Milwaukee.


HEFFERNAN, J.

We conclude that, upon the pleading of appropriate facts, an insured may assert a cause of action in tort against an insurer for the bad faith refusal to honor a claim of the insured.

The appeal is from an order of the circuit court, which dismissed the plaintiffs' complaint on defendants' motion grounded on the assertion that, in Wisconsin, no cause of action arises on behalf of a named insured, even where, under the pleadings, it is conceded...

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