United States Seventh Circuit
RICH PROD. CORP. v. ZURICH AM. INS. CO., 01-3501
Wisconsin statutes allowing a direct action against insurers for damages caused by negligence, will not allow a direct negligence action to proceed where formal negligence claims have been dismissed, but remaining warranty claims are based on that negligence, and the insurer is not required to plead these limitations as an affirmative defense.
Appellate Information
- Argued 03/01/2002
- Decided 06/12/2002
- Published 06/12/2002
Judges
- HARLINGTON WOOD, Jr., Circuit Judge., BEFORE: FLAUM, Chief Judge, BAUER, and WOOD, Jr., Circuit Judges.
Court
- United States Seventh Circuit
Counsel
- For Appellant:
- Michael B. Powers,Preston L. Zarlock (argued), Phillips, Lytle, Hitchcock, Blaine & Huber, Buffalo, NY, for Plaintiff-Appellant.
- For Appellees:
- Molly J. Zillig, Thomas K. Mullins (argued), Kravit, Gass, Hovel & Leitner, Milwaukee, WI, for Defendant-Appellee.