“Blast” Fax Exclusion Upheld In Wisconsin

Dealing with a situation that is annoying, if nothing else, to quite a few businesses, a Wisconsin Court of Appeals decision recently upheld an exclusion within an insurance policy that precluded coverage for allegations that it’s insured violated the Telephone Consumer Protection Act (TCPA) by continually sending faxes (“blast faxes”) without the permission or consent…

Wisconsin Court Issues Decision Affecting Various Legal Issues In A “Bifurcation And Stay” Context

In the case of Lyle and Carol Hird v. American Family Mutual Insurance Company, Appeal No. 2014AP2402, a 2015 Wisconsin Court of Appeals decision dealt with allegations of (1) bad faith; (2) Wis. Stat. § 628.46(1) statutory interest; and (3) Wisconsin’s Offer of Settlement Statute – Wis. Stat. § 807.01. Taking into account the very…

Join Us For A Webinar On February 25, 2016 – Introduction to Property and Casualty Subrogation

Gary L. Wickert will be presenting a complimentary webinar on February 25, 2016 at 10:00 a.m. (Central) on Introduction To Property and Casualty Subrogation. From recognition of subrogation in difficult fact settings to effective and thorough, yet cost-effective, investigation of natural disasters, this 90-minute webinar will focus on training the claims/subrogation professional on when, how, and…

Georgia Supreme Court Issues Major Comp Subrogation Apportionment Decision

Just when you thought workers’ compensation subrogation in this country’s most difficult state could not get any more difficult, it does. In Zaldivar v. Prickett, 774 S.E.2d 688 (Ga. 2015), Prickett sued Zaldivar for injuries resulting from a 2009 work-related auto accident. The defendant blamed Prickett’s employer, Overhead Door Company, which was not a party…

The Parable Of The Crippled Mare: Loss-Of-Use Now Recoverable In Texas Total-Loss Auto Cases

Many years ago, a lawyer argued that the long-standing Texas rule prohibiting recovery of damages for loss-of-use of personal property, unless the property was a total loss or destroyed was unfair. City of Canadian v. Guthrie, 87 S.W.2d 316 (Tex. Civ. App. 1932). His client’s one-eyed, underfed mare lived a simple life. One night, however, she…

License To Steal: Supreme Court Helps Plan Beneficiaries Avoid Repaying Subrogated Health Plans

Trial lawyers are happy. On January 20, 2016, the U.S. Supreme Court issued their written opinion in the long-anticipated ERISA subrogation case of Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan, 2016 WL 228344 (Jan. 20, 2016). The U.S. Supreme Court was asked to decide whether a Plan beneficiary is…