Kontowicz v. American Standard Insurance Company
Jul 07, 2006OUTCOME: Favorable decision
In a case of first impression, I successfully argued to the Wisconsin Supreme Court that the timely payment of claims statute, Wis. Stat. sec. 628.46, is not limited to first party claims, but rather a ... pplies equally to third party liability claims. Accordingly, where a liability insurer fails to pay a claim within 30 days of being furnished with proof of loss, without a reasonable basis to deny responsibility, 12 percent interest begins to accrue and continues to accrue until such time as the insurer finally issues payment, which the insurer owes in addition to the principal amount of the claim.
