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April 05, 2016

PUNITIVE DAMAGES FOR BREACH OF DUTY TO DEFEND.

Punitive damages are not awarded for a breach of the duty to defend unless an insurance company acts in bad faith.  Burgraff v. Menard, Inc., 367 Wis.2d 50, 875 N.W.2d 596, 608 ¶63 (2016).

Please Read The Disclaimer.  ©2016 by Dennis J. Wall, author of Litigation and Prevention of Insurer Bad Faith (3d ed. Thomson Reuters West in 2 Volumes, with Supplements).  See in particular 2 id § 13:15, "Punitive Damages." The Wisconsin Supreme Court's holding in Burgraff is not necessarily the universal view.  All rights reserved.

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Posted by on April 05, 2016 at 06:59 AM in Punitive Damages in Bad Faith Cases |

Tags: bad faith, duty to defend, punitive damages, Wisconsin

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