Legal Opinion
Reid v. Benz
Wisconsin Supreme Court
Decided July 11, 2001No. 00-0003PublishedCited by 24 opinions
1Opinion of the CourtN. Patrick Crooks, J.
¶ 1. This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (1999-2000). The court of appeals certified the following issue: Was the supreme court's award of attorney fees to an insured in Elliott v. Donahue, 169 Wis. 2d 310, 485 N.W.2d 403 (1992), premised upon the insurer's contractual breach of the duty to provide coverage or the duty to defend or both?
¶ 2. Before answering the court of appeals certified issue, we point out that Elliott made it clear that "[u]nder the well-established American Rule, parties to litigation are generally…
2Cases cited20 opinions
- Anderson v. Continental InsuranceWisconsin Supreme Court · 1978
- Kremers-Urban Co. v. American Employers Insurance Co.Wisconsin Supreme Court · 1984
- Elliott v. DonahueWisconsin Supreme Court · 1992
- Upland Mutual Insurance, Inc. v. NoelSupreme Court of Kansas · 1974
- Newhouse Ex Rel. Skow v. Citizens Security Mutual InsuranceWisconsin Supreme Court · 1993
15 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- ACMAT Corp. v. Greater New York Mutual InsuranceSupreme Court of Connecticut · 2007
- Wilkinson v. Citation InsuranceMassachusetts Supreme Judicial Court · 2006
- Plastics Engineering Co. v. Liberty Mutual InsuranceCourt of Appeals for the Seventh Circuit · 2008
- Krueger International, Inc. v. Federal InsuranceDistrict Court, E.D. Wisconsin · 2009
- Pitts v. Revocable Trust of KnueppelWisconsin Supreme Court · 2005
19 more not listed; retrieve them via the Exa API.