Decade's Monthly Fund v. Whyte & Hirschboeck

In Decade's Monthly Fund v. Whyte & Hirschboeck, 173 Wis. 2d 665, 678, 495 N.W.2d 335 (1993), the supreme court discussed the requirements for commencing and maintaining a direct action against an insurer: Section 803.04(2)(a) sets forth the standards for bringing a direct action against an insurer in a negligence action. Specifically, the statute provides that before being joined as a defendant the insurer must meet at least one of the following criteria: (1) have an interest in the outcome of the controversy adverse to the plaintiff or any of the parties; (2) assume or reserve the right to control the prosecution, defense or settlement of the action; (3) agree to prosecute or defend said action; or; (4) agree to pay the defendant's litigation costs.