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Insurance — bad faith — standing

By: WISCONSIN LAW JOURNAL STAFF//May 1, 2012//

Insurance — bad faith — standing

By: WISCONSIN LAW JOURNAL STAFF//May 1, 2012//

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Wisconsin Court of Appeals

Civil

Insurance — bad faith — standing

Patricia Meleski appeals, by our leave, the circuit court’s non-final order dismissing on summary judgment her bad-faith claims against Partners Mutual Insurance Company. See Wis. Stat. § 808.03(2) (appeals of non-final orders). The issue is whether a non-insured may assert bad-faith claims against an insurance company when: (1) the company’s obligation to the non-insured is fixed, and (2) the non-insured contends the company refuses in bad faith to discharge that obligation. We hold that the non-insured may assert those claims, and, accordingly, reverse. Publication in the official reports is recommended.

2010AP2951 Meleski v. Schbohm LLC, et al.

Dist I, Milwaukee County, Cooper, J., Fine, J.

Attorneys: For Appellant: Davis, Daniel S., Milwaukee; Michaelson-Link, Leah M., Milwaukee; For Respondent: Mingo, Mark J., Milwaukee; Bennett, Brooke, Milwaukee; Jelinski, Drew S., Milwaukee

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