STA-RITE INDUSTRIES, INC. v. ZURICH RE (U.K.) LTD.

No. 98-4259.

178 F.3d 883 (1999)

STA-RITE INDUSTRIES, INC., Plaintiff-Appellant, v. ZURICH RE (U.K.) LTD., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided May 17, 1999.


Attorney(s) appearing for the Case

Michael R. Wherry (argued), Davis & Kuelthau, Milwaukee, WI, for Plaintiff-Appellant.

J. Ric Gass, Kravit, Gass, Hovel & Leitner, Milwaukee, WI, James P. Davenport, Baach Robinson & Lewis, Washington, DC, for Defendant-Appellee.

Before BAUER, FLAUM and MANION, Circuit Judges.


FLAUM, Circuit Judge.

In this diversity case governed by Wisconsin law, the question is whether an insurer owes an insured a duty of good faith by virtue of the insurer's non-exclusive right to associate in the settlement and defense of a claim. The district court concluded that an insurer owes no such duty under Wisconsin law and granted summary judgment. We affirm.

Background

In June 1993 five year-old Valerie Lakey was playing in a wading pool...

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