Direct Action - A Wisconsin Rule
February 2026
Unlike the vast majority of states, Wisconsin allows an injured person to sue the responsible person's insurance company directly. This may seem like a minor change of a rule. However, it is different from the vast majority of states. In most states, the insurance company is not included as a party to lawsuit. This is so, even though the insurance company is ultimately repsonsible for paying the judgment at trial.
In Wisconsin, direct action allows the avoidance of a conspiracy of silence that is rampant in other states. This conspiracy attempts to not tell jurors the truth about a responsible person being covered by insurance. Instead of being misled, direct action allows jurors to be treated with candor and told the truth about the parties involved and their relationship.
Direct action can also benefit the insurance companies. Since the insurance company is served with a summons and complaint at the beginning of a lawsuit, they are aware of the lawsuit. This service can help insurance companies avoid default judgments in cases where their insured does not notify them they have been served with a complaint.
At Herrick & Hart, we have been on the side of the injured since 1951. We use the direct action statute on a daily basis and can help put it to use to assist you with your personal injury claim.