Rice v. Zurich Insurance

The complaint attempted to set forth two causes of action, one in tort and one in contract for the insurance company’s failure to settle as it had allegedly agreed to do. Defendants demurred on the ground that two causes of action were improperly joined and that the second cause of action failed to state facts upon which relief could be granted. The trial judge sustained the demurrer on the first ground and withheld a ruling on the second ground of the demurrer. He ordered the actions divided under sec. 263.46, Stats.

Plaintiffs went to trial on the tort action. The case was tried to a jury…