Take a look at Wis. Admin Code Ins 6.11 and also the articles from the Wisconsin Defense Counsel and Sandberg Phoenix on the issue of Bad Faith. Both look at the same case, Brethorst v. Allstate Prop. & Cas. Ins. Co., 2011 WI 41, 334 Wis. 2d 23, 798 N.W.2d 467 (Wi. 2011). I am NOT requiring you to read the case.

• What are the two elements that must be satisfied for a bad faith argument? (mentioned in the Sandberg Phoenix article)
• What is meant by procedural bad faith? (mentioned in the WDC article)
• What do you think about the state of Bad Faith arguments against insurance companies in Wisconsin?
• Does this move towards closer scrutiny surprise you? Why or why not?