Bruheim v. Little

307 N.W.2d 276, 103 Wis. 2d 96, 1981 Wisc. LEXIS 2779

Opinions

WILLIAM G. CALLOW, J.

The issue presented on this review is identical to that presented in Kranzush v. Badger State Mutual Casualty Co., 103 Wis. 2d 56, 307 N.W.2d 256 (1981). That issue is whether a third-party-claimant’s complaint, alleging bad faith on the part of the tort-feasor’s insurer in failing to negotiate and settle her claim, states a claim upon which relief can be granted. The circuit court for Sauk' county, Hon. James R. Seer-ing presiding, granted the' defendants’ motion to dismiss the bad-faith count for failure to state a claim upon which relief can be granted. The. court of appeals affirmed .the dismissal, holding that an insurer’s settlement practices do not give rise to a bad-faith action in favor of a third-party claimant. Bruheim v. Little, 98 Wis.2d 178, 295 N.W.2d 793 (Ct. App. 1980).

The resolution of this case is controlled by our decision in Kranzush, and in view of our holding in that case, we affirm.

By the Court, — The decision of the court of appeals is affirmed.