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PITTS v. REVOCABLE TRUST OF KNUEPPEL

No. 2002AP3394.

282 Wis.2d 550 (2005)

2005 WI 95

698 N.W.2d 761

Christina PITTS and Clifford Pitts, Sr., Plaintiffs-Petitioners-Appellants, WISCONSIN PHYSICIANS SERVICE INSURANCE CORPORATION, a Wisconsin insurance corporation and Sentry Insurance, a mutual company, Involuntary-Plaintiffs-Respondents, v. REVOCABLE TRUST OF Dorothy KNUEPPEL, Defendant.

Supreme Court of Wisconsin.

Decided June 29, 2005.

Attorney(s) appearing for the Case

For the plaintiffs-petitioners-appellants there were briefs by Mark L. Thomsen, Charles David Schmidt and Cannon & Dunphy, S.C., Brookfield, and oral argument by Mark L. Thomsen.

For the involuntary-plaintiffs-respondents, Sentry Insurance, a mutual company, there was a brief by Robert F. Johnson, Philip C. Reid, Colleen M. Fleming and Cook & Franke, S.C., Milwaukee, and oral argument by Philip C. Reid.

¶ 1. DAVID T. PROSSER, J.

This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2001-02).1 The issue presented is whether an underinsured motorist (UIM) insurer has an obligation to consent to, or substitute its own funds for, a proposed settlement between its insured and the tortfeasor, where the tortfeasor's insurer has already...

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