Monthly Archives: February 2014

Asbestos Exclusion Found By Supreme Court To Preclude Coverage

Posted by Douglas W. Lehrer on February 27, 2014

In an unanimous decision of the Wisconsin Supreme Court, an asbestos exclusion included in a business owner’s policy was found to preclude coverage. See Phillips v. Parmelee, 2013 WI 105. A review of the Phillips decision reveals that the Wisconsin … Learn More

Wisconsin Supreme Court Issues Surprising Pro-Insured Decision Permitting Stacking In Pre-2011 Auto Policies

Posted on February 27, 2014

A recent Wisconsin Supreme Court decision runs counter to it’s usual pro-carrier rulings and held that an insured may stack uninsured/underinsured (UM/UIM) coverage from different polices issued from 2009 through 2011. The decision involved an issue of law that has … Learn More

“Use” Of A Motor Vehicle Goes Further Down The Road

Posted by Eric J. Goelz on February 27, 2014

Most automobile insurance policies include a provision providing that coverage will only apply if “bodily injury” or “property damage” arises out of the ownership, maintenance or use of an automobile. This requirement has long been the source of the application … Learn More

Recovering Loss Of Use Damages In Texas: It’s Time For A Change

Posted by Gary L. Wickert on February 20, 2014

Two Texas vehicle owners driving identical vehicles are involved in accidents caused by a negligent tortfeasor. Both contact their insurance company regarding their damaged vehicles. Both must wait for an appraiser to inspect the vehicle and write a report. One … Learn More

Confusion Surrounds Arizona Court of Appeals’ Opinion on Workers’ Compensation Statute Amendment

Posted by Gary L. Wickert on February 20, 2014

Third-Party Cause Of Action No Longer Automatically Assigned To Employee After One Year In a mysterious legal sleight of hand that would make David Copperfield envious, the Arizona Court of Appeals has reinvented the English language by making it possible … Learn More

Recording Conversations And Phone Calls

Posted by Gary L. Wickert on February 20, 2014

Whether you are investigating a subrogation claim or conducting interviews of injured claimants, being able to record a conversation and refer back to it can be indispensable to the handling of a matter either before or during litigation. Today’s technology … Learn More