Lanferman v. Maryland Casualty Co.

The following opinion was filed June 2, 1936 :

Fowler, J.

The appellant concedes that, under its contract reserving to itself absolute control of litigation, if its decision not to settle the Tomasik case that it defended for the plaintiff was made in bad faith, it must respond in damages to the plaintiff. Hilker v. Western Automobile Ins. Co. 204 Wis. 1, 231 N. W. 257, 235 N. W. 413. Its main contention is that the jury’s finding of bad faith in failing to come to an agreement with the plaintiff’s attorneys for settlement of the case within the policy limits is not .supported by the evidence.

Th…