Wis. Appeals Court Reinstates Bad Faith Claim for Jury Consideration

MILWAUKEE - Wisconsin's Court of Appeals ruled on Jan. 23 that a lower court erred in awarding a home insurer summary judgment on bad faith claims, finding sufficient disputed issues to send that claim to a jury. Murphy v. The Cincinnati Insurance Co., No. 2006AP426 (Wis. Ct. App., Dist. 1).

In an unpublished opinion, the Court of Appeals, District 1, also affirmed the Milwaukee County Circuit Court's dismissal of the homeowners' contract claim against Cincinnati Insurance Co., rejecting their contention that Cincinnati could not offset money owed for personal property damage with a $40,000 overpayment for additional living expenses.

Nicholas …