Birkholz v. Cheese Makers Mutual Casualty Co.

Appellants submit that the policy insuring Birkholz Brothers against liability constitutes Birkholzes’ insurance company their agent to effect settlements, and participation in settlement by the agent is participation by the principal. From there they advance to the proposition stated in Wm. H. Heinemann Creameries v. Milwaukee Automobile Ins. Co. (1955), 270 Wis. 443, 452b, 71 N. W. (2d) 395, that “the making of the original settlement without any express reservation of rights by the settlor constitutes a com-*192píete accord and satisfaction of all claims of the immediate parties to the…