Miller v. Wadkins

The single issue presented on this appeal is whether an insurer which issues an automobile liability insurance policy, containing a no-action clause, in Wisconsin to a Wisconsin resident can be sued directly under sec. 260.11 (1), Stats., when the accident occurs outside the state.

Secs. 204.30 (4) and 260.11 (1), Stats., are commonly known as the “direct-action” statutes. Sec. 204.30 (4) 2 is substantive and creates direct liability between the injured third person and the insurer while sec. 260.11 (1) is procedural and determines when the insurer can be made a party to the action despite the…