Kranzush v. Badger State Mutual Casualty Co.

The sole issue presented on this review is whether a tort victim can bring an action against the tortfeasor’s insurer for bad faith in failing to settle the victim’s claim. Both the trial court, in granting the defendant-insurer’s motion to dismiss, and the court of appeals, in affirming the dismissal, concluded that no 3uch cause of action exists in this state. We affirm.

Because this matter is before us on a motion to dismiss for failure to state a claim upon which relief can be granted, the only facts are those stated in the complaint, which for purposes of this review must be taken as…