Zarate v. Continental Casualty Co‪.‬

1 Elias Zarate appeals from the judgment of the circuit court granting the summary judgment motion of defendant Continental Casualty Company. Zarate claims that Continental is a proper party to this case under Wisconsins direct action statutes, WIS. STATS. §§ 803.04(2) and 632.24 (2005-06), and that Continentals insured was doing business in Wisconsin, which defeats the limitation on the direct action statutes set forth in WIS. STAT. § 631.01(1)(b). Because Continentals insured does less than one-half of one percent of its entire business operation in Wisconsin, which is "incidental or subordinate" to the main business operation, the limitation under § 631.01(1)(b) applies and a direct action is not proper. We therefore affirm the grant of summary judgment for defendant Continental.