Legal Opinion

Baker v. Northwestern National Casualty Co.

Wisconsin Supreme Court

Decided December 20, 1963PublishedCited by 21 opinions

1Opinion of the CourtCurRIe, J.

Northwestern concedes that there are disputed questions of fact but contends that these are immaterial because Northwestern is entitled to-summary judgment as a matter of law. It asserts that, even though the disputed facts be decided in Baker’s favor, they would establish only negligence on Northwestern’s part, not bad faith, and that Northwestern’s liability can only be predicated upon bad faith. Berk v. Milwaukee Automobile Ins. Co. (1944), 245 Wis. 597, 15 N. W. (2d) 834, and Maroney v. Allstate Ins. Co. (1961), 12 Wis. (2d) 197, 107 N. W. (2d) 261, are cited as supporting authority.

The…

2Cases cited4 opinions

  1. Hilker v. Western Automobile InsuranceWisconsin Supreme Court · 1931
  2. Brown v. Guarantee InsuranceCalifornia Court of Appeal · 1957
  3. Berk v. Milwaukee Automobile InsuranceWisconsin Supreme Court · 1944
  4. Maroney v. Allstate InsuranceWisconsin Supreme Court · 1961

3Cited by21 opinions

  1. Badillo v. Mid Century Insurance Co.Supreme Court of Oklahoma · 2005
  2. Kranzush v. Badger State Mutual Casualty Co.Wisconsin Supreme Court · 1981
  3. Mowry v. Badger State Mutual Casualty Co.Wisconsin Supreme Court · 1986
  4. Kunkel v. United Security Ins. Co. of New JerseySouth Dakota Supreme Court · 1969
  5. Alt v. American Family Mutual InsuranceWisconsin Supreme Court · 1976

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