Bodenhagen v. Farmers Mutual Insurance

The parties agree that the law of Illinois, where the alleged tort occurred, will determine whether the plaintiff has a cause of action against her husband. Unless she has a cause of action against him, she has none against his insurer.

In 1931 this court had before it an action by a wife against her husband for personal injury caused by a tort which occurred in Illinois prior to the marriage of the parties. Buckeye v. Buckeye (1931), 203 Wis. 248, 234 N. W. 342. This court decided that under the Illinois law the plaintiff’s cause of action became extinguished when she married the defendant.…