Davis v. American Family Mutual Insurance

John Davis appeals a summary judgment granted in favor of American Family Insurance Company, dismissing his bad faith claim against American Family. Davis asserts the trial court erroneously exercised its discretion when it granted a stay of the proceedings pursuant to § 801.63, Stats. He also argues that the doctrines of judicial estoppel, fundamental fairness and claim preclusion do not support summary judgment. Davis also asserts that if he is denied his bad faith claim because his underinsured motorist claim was brought in Minnesota, the purpose of Wisconsin bad faith law will be…