Casper v. American International South Insurance, 800 N.W.2d 880

Caspers sued 14 defendants after a truck collision injuring the Casper family; TLC's insurer National Union was a named defendant.
Circuit court granted National Union a seven-day enlargement to answer, denying default judgment; Caspers argued lack of excusable neglect.
Caspers asserted direct action against National Union under Wis. Stat. §§ 632.24 and 631.01(1) despite policy not delivered for delivery in Wisconsin.
Wenham, Bestway's CEO, faced personal liability claims for negligent route approval; circuit court reinstated the claim and the court of appeals affirmed.
Wisconsin Supreme Court held: (i) excusable neglect affirmed; (ii) direct action exists even without Wisconsin-delivered policy; (iii) Wenham’s personal liability is not established on remoteness/public policy grounds, remanding for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Excusable neglect standard applied?	Caspers	National Union	Circuit court did not err; denial affirmed
Direct action against insurer where policy not delivered in Wisconsin allowed?	Caspers	National Union	Direct action permitted; Kenison overruled
Corporate officer personal liability for non-intentional tort in scope of employment	Caspers	Wenham	Wenham not liable as alleged; remoteness/public policy preclude liability

Hedtcke v. Sentry Insurance Co., 109 Wis.2d 461 (Wis. 1982) (excusable neglect standard; appellate review of circuit court discretion)
Meier v. Champ's Sport Bar & Grill, 241 Wis.2d 605 (Wis. 2001) (excusable neglect when conduct reasonable; proper standard applied)
Kenison v. Wellington Ins. Co., 218 Wis.2d 700 (Wis. Ct. App. 1998) (direct action limitations based on delivery/issuance in Wisconsin)
Oxmans' Erwin Meat Co. v. Blacketer, 86 Wis.2d 683 (Wis. 1979) (personal liability of corporate officer for torts; scope of agency)
Rockweit v. Senecal, 197 Wis.2d 409 (Wis. 1996) (remote causation considerations in negligence)