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MARTIN v. GRIFFIN

No. 83-595.

117 Wis.2d 438 (1984)

344 N.W.2d 206

Larry J. MARTIN, Plaintiff-Respondent, v. John Francis GRIFFIN, III, and The Aetna Casualty & Surety Co., Defendants, MILBANK MUTUAL INS. CO., Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided January 10, 1984.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Hanft, Fride, O'Brien & Harries, P.A. and John R. Baumgarth of Duluth, Minnesota.

For the respondent the cause was submitted on the brief of Doar, Drill & Skow, S.C. and Ardell W. Skow of Baldwin.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

Milbank Mutual Insurance Co. appeals a default judgment awarding Larry J. Martin $150,000 damages. Milbank contends that the trial court abused its discretion in issuing its order striking Milbank's untimely answer and granting a default judgment. Milbank argues that its failure to answer for over nine months was due to excusable neglect and that, as an excess insurer, it probably would not be liable under its policy limits for any of the damages claimed...

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