Legal Opinion

Dilger v. Metropolitan Property & Casualty Insurance

Court of Appeals of Wisconsin

Decided June 3, 2015No. 2014AP1851PublishedCited by 3 opinions

1Opinion of the CourtReilly, J.

¶ 1. Insurers in Wisconsin are required by Wis. Stat. § 628.46(1) (2013-14)1 to "promptly pay every insurance claim" within thirty *417days after the insurer is furnished a written notice of a covered loss and the amount of the loss. In Kontowicz v. American Standard Insurance Co., 2006 WI 48, 290 Wis. 2d 302, 714 N.W.2d 105, our supreme court concluded that § 628.46 is applicable in the third-party context with the following caveats: (1) "there can be no question of liability on the part of the insured," (2) "the amount of the damages must be in a sum certain amount," and (3) "the claimant must…

2Cases cited10 opinions

  1. Noll v. Dimiceli's, Inc.Court of Appeals of Wisconsin · 1983
  2. Cogswell v. Robertshaw Controls Co.Wisconsin Supreme Court · 1979
  3. Green v. Smith & Nephew AHP, Inc.Wisconsin Supreme Court · 2001
  4. Brethorst v. Allstate Property & Casualty InsuranceWisconsin Supreme Court · 2011
  5. Brown v. Labor & Industry Review CommissionWisconsin Supreme Court · 2003

5 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Casper ex rel. Casper v. American International South Insurance Co.Court of Appeals of Wisconsin · 2017
  2. Duva v. Travelers Personal Insurance CompanyDistrict Court, E.D. Wisconsin · 2025
  3. Reich, Nicholas v. Auto-Owners Insurance CompanyDistrict Court, W.D. Wisconsin · 2021

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