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MOWRY v. BADGER STATE MUT. CAS.

No. 84-1635.

129 Wis.2d 496 (1986)

385 N.W.2d 171

Bradley MOWRY, Plaintiff-Respondent, v. BADGER STATE MUTUAL CASUALTY COMPANY, a Wisconsin corporation, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided April 18, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by Steven J. Caulum, Thomas A. Lockyear, Jan A. Smokowicz and Bell, Metzner & Gierhart, S.C., Madison, and oral argument by Mr. Caulum.

For the plaintiff-respondent there was a brief and oral argument by Alan M. Clack, Santa Rosa, California.

Amicus curiae brief was filed by James T. Murray, Jr., Randy S. Parlee and Peterson, Johnson & Murray, S.C., Milwaukee, for the Wisconsin Insurance Alliance.

LOUIS J. CECI, J.

This is a review of the circuit court's decision and judgment against Badger State Mutual Casualty Company (Badger State) in the amount of $159,000. In a decision filed on May 23, 1984, the circuit court for Waukesha county, Robert T. Mc-Graw, circuit judge, held that Badger State breached its contract and committed bad faith in refusing to defend its insured and in refusing to settle the third-party claim of victim Bradley Mowry within the liability...

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