Sommer v. Carr

Sentry Insurance Company seeks costs and reasonable attorney fees from Prudential Property and Casualty Insurance Company, pursuant to sec. 814.025, Stats., because Prudential pursued a third-party action against Sentry after Sentry provided Prudential with all the materials necessary to demonstrate that the action was frivolous. Sentry subsequently defeated the action, using those same materials. We find that Prudential’s action was frivolous and reverse the trial court’s denial of costs and reasonable attorneys fees.

On February 8, 1976, an Oldsmobile driven by Patrick Carr collided with a…