Wisconsin’s Strict Exhaustion Requirement Burns Insurer

In Burgraff v. Menard, Inc., 2016 WI 11 (Wis. 2016), the Wisconsin Supreme Court affirmed a Court of Appeals decision that determined Millers First Insurance Company breached its continuing duty to defend Menard, Inc. Specifically, the issue was whether Millers First should have continued its defense of Menard even after it reached a settlement with the plaintiff, Kenneth Burgraff, for its proportionate share of the claim. This is an important decision which reiterates the strict requirements of complete exhaustion in order for an insurer’s …

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