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DANNER v. AUTO-OWNERS INSURANCE

No. 99-1052.

245 Wis.2d 49 (2001)

2001 WI 90

629 N.W.2d 159

Darci K. DANNER, Frederick Danner and Rita Danner, Plaintiffs-Respondents, v. AUTO-OWNERS INSURANCE, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided July 6, 2001.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Douglas J. Klingberg, Mary Sue Anderson and Ruder, Ware & Michler, Wausau, and oral argument by Douglas J. Klingberg.

For the plaintiffs-respondents there was a brief by William A. Schroeder and Sommer, Olk, Schroeder & Payant, Rhinelander, and oral argument by Richard E. Sommer.

An amicus curiae brief was filed by Mark L. Thomsen, Edward E. Robinson and Cannon & Dunphy, S.C., Brookfield, on behalf of the Wisconsin Academy of Trial Lawyers.

An amicus curiae brief was filed by Eric Englund, Madison, on behalf of the Wisconsin Insurance Alliance.

¶ 1. WILLIAM A. BABLITCH, J.

Darci, Frederick and Rita Danner (the Danners) brought a bad faith claim against their insurance carrier, Auto-Owners Insurance Co. (Auto-Owners). The bad faith claim arose out of the Danners' efforts to obtain the payment of benefits pursuant to the policy's under insured motorist clause. A trial was held on the Danners' bad faith claim. The jury issued a verdict that found in favor of...

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