[Download] "Elizabeth Radlein v. Industrial Fire" by Supreme Court of Wisconsin " Book PDF Kindle ePub Free
eBook details
- Title: Elizabeth Radlein v. Industrial Fire
- Author : Supreme Court of Wisconsin
- Release Date : January 27, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 76 KB
Description
The first issue in this case is whether the injured plaintiff has stated a bad faith claim against her former husband's insurance carrier since that company did not pay the entire $15,000 of uninsured motorist coverage to her when her injuries potentially had a disproportionately greater value than that. The second issue is whether plaintiff's attorney commenced a frivolous action, since his client had previously settled her uninsured motorist claim with the carrier and, since the theory of law relied on has never been established in this state, although it is argued it is a predictable development or extension of existing law. The defendant, Industrial Fire & Casualty Insurance Co. (Industrial), brought a motion to dismiss before the Milwaukee county circuit court, the Honorable Elliot N. Walstead, reserve Judge presiding. Industrial also requested reasonable attorney fees pursuant to sec. 814.025, Stats. 1 The motion to dismiss was presented pursuant to sec. 802.06(2), 2 and upon the court receiving and accepting an affidavit on behalf of Industrial's attorney and documents from a previous court action, the motion converted to one for summary judgment. Therefore, though the trial court stated it was granting a motion to dismiss, it was actually a motion for summary judgment that was granted. See Schlumpf v. Yellick, 94 Wis. 2d 504, 511, 288 N.W.2d 834 (1980).