Legal Opinion

Casper ex rel. Casper v. American International South Insurance Co.

Court of Appeals of Wisconsin

Decided May 16, 2017No. 2015AP2412PublishedCited by 2 opinions

1Opinion of the Court

¶ 1.

BRENNAN, P.J.

American International South Insurance Company (AISIC) appeals an order granting plaintiffs' summary judgment motion and ordering AISIC to pay $684,499.14 in interest on its delayed payment on the underlying claim in this case. Wisconsin Stat. § 628.46(1) (2015-16)1 requires an insurer given proper notice to pay such interest when it does not timely pay claims unless "the insurer has reasonable proof to establish that the insurer is not responsible for the payment[.]" The requirement applies to claims by insureds and claims by third parties who satisfy certain conditions as…

2Cases cited17 opinions

  1. Green Spring Farms v. KerstenWisconsin Supreme Court · 1987
  2. Anderson v. Continental InsuranceWisconsin Supreme Court · 1978
  3. Harnischfeger Corp. v. Labor & Industry Review CommissionWisconsin Supreme Court · 1995
  4. Miller v. Safeco Insurance Co. of AmericaCourt of Appeals for the Seventh Circuit · 2012
  5. Poling v. Wisconsin Physicians ServiceCourt of Appeals of Wisconsin · 1984

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3Cited by2 opinions

  1. Duva v. Travelers Personal Insurance CompanyDistrict Court, E.D. Wisconsin · 2025
  2. Herman v. Integrity Property and Casualty Insurance CompanyDistrict Court, E.D. Wisconsin · 2022

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