(DOWNLOAD) "Timothy Fehring and Susan M. Fehring v." by Supreme Court of Wisconsin " eBook PDF Kindle ePub Free
eBook details
- Title: Timothy Fehring and Susan M. Fehring v.
- Author : Supreme Court of Wisconsin
- Release Date : January 04, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This review concerns a jury verdict finding that respondent Republic Insurance Company (Republic) acted in bad faith by refusing to offer a reasonable amount in settlement of the insureds' claim under a casualty insurance policy. The jury awarded the Fehrings, the insured petitioners, $12,500 on the insurance policy and $10,000 in compensatory damages following a finding of bad faith on Republic's part. The trial court for Milwaukee county, Honorable John E. McCormick, Circuit Judge, approved the verdict and, in addition, awarded the Fehrings $23,252.53 for actual costs and attorney fees on the bad-faith claim. The court of appeals concluded, in an unpublished opinion, that as a matter of law, Republic's conduct did not constitute bad faith and reversed the trial court's judgment. We reverse the court of appeals because we conclude that the evidence supports a jury finding that Republic did indeed act in bad faith. However, we also conclude that the Fehrings are not entitled to attorney fees. On February 21, 1979, the Fehrings' home suffered water damage due to a burst water pipe. Their home was insured by a homeowners insurance policy issued by Republic. The home was vacant at the time that the damage occurred, but when the Fehrings discovered it on February 21, they contacted Republic almost immediately.