Legal Opinion
Pitts v. Revocable Trust of Knueppel
Wisconsin Supreme Court
Decided June 29, 2005No. 2002AP3394PublishedCited by 11 opinions
1Opinion of the CourtDavid T. Prosser, J.
¶ 1. This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2001-02). 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 settled for its policy limit and the tortfeasor is offering an additional settlement payment in exchange for a full release.
¶ 2. This court has already held that a UIM insurer has an obligation grounded in equity to consent to a…
2Cases cited26 opinions
- Loy v. BundersonWisconsin Supreme Court · 1982
- Schmidt v. ClothierSupreme Court of Minnesota · 1983
- Elliott v. DonahueWisconsin Supreme Court · 1992
- Garrity v. Rural Mutual InsuranceWisconsin Supreme Court · 1977
- Rimes v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1982
21 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Industrial Risk Insurers & Quad Graphics, Inc. v. American Engineering Testing, Inc.Court of Appeals of Wisconsin · 2009
- Elliot Brey v. State Farm Mutual Automobile Insurance CompanyWisconsin Supreme Court · 2022
- Robert H. Shugarts, II v. Dennis M. MohrWisconsin Supreme Court · 2018
- Gumz v. Northern States Power Co.Wisconsin Supreme Court · 2007
- Granger v. Government Employees Insurance Co.Hawaii Supreme Court · 2006
6 more not listed; retrieve them via the Exa API.