Category Archives: Insurance Defense

New Legislation On Discovery And Statutes Of Limitations

On April 3, 2018, the Wisconsin Legislature enacted 2017 Wis. Act 235 which substantially changes certain rules governing civil litigation in Wisconsin. Included in this Act are new rules regarding discovery practice and the Rules of Civil Procedure. It is … Learn More

MWL Wins Appeal In Defamation Case Brought By Disabled Local Firefighter That Runs Triathlons

Recently, Matthiesen, Wickert & Lehrer, S.C. (MWL) successfully argued an appeal regarding a firefighter’s claims of defamation. The dispute stemmed from a local television broadcast in which a reporter discussed the disabled status of local firefighter. The firefighter had injured … Learn More

Wisconsin Court Of Appeals Reminds Insurance Carriers To Seek Judicial Determination Of No Coverage Before Denying Tender Of Defense

On May 2, 2017, the Wisconsin Court of Appeals outlined why an insurance carrier that fails to defend an insured without first seeking a judicial determination of no coverage does so at its own peril. See Country World Media Group, … Learn More

Social Media: The Modern-Day Litigator’s Secret Weapon

The hearing is underway and the injured worker claims a significant injury after a slip and fall. She complains about her inability to work due to the immense pain in her lower back and left ankle. This is her third … Learn More

The Wisconsin Supreme Court Weighs In Again On Liability Waivers

Back in September 2013, we posted an article entitled “Do Liability Waivers Really Work?” The article served as a primer and cautionary tale regarding the enforceability of common liability waivers. These are the agreements required by gyms, martial arts facilities, … Learn More

Wisconsin’s Duty To Defend And The “Four-Corners” Rule

The Wisconsin Supreme Court has recently had occasion to clarify the issue of whether extrinsic evidence can be considered in determining an insurer’s duty to defend in the case of Water Well Solutions Serv., Inc. v. Consolidated Ins. Co., 2016 … Learn More

DePuy And Johnson & Johnson Hit With $502 Million Verdict In Pinnacle Hip Lawsuit

The recent consolidated bellwether trial of the DePuy Pinnacle Hip Implant multi-district litigation concluded on Thursday, March 17, 2016, with a whopping $502 million verdict against defendants DePuy Orthopaedics, Inc. and Johnson & Johnson. Following months of trial in the … Learn More

Court Holds That Personal Injury Attorney Is Not Exempt From Having To Pay Medical Record Retrieval Or Certification Fees Assessed Pursuant To Wisconsin Statutes

In Moya v. Aurora Healthcare, Inc. and HealthPort Technologies, LLC, Appeal No. 2014AP2236, the Wisconsin Court of Appeals decided a case involving the construction and interpretation of Wis. Stats. §§ 146.81-146.83 to determine whether personal injury attorneys are exempt from the … Learn More

Court Issues Opinion Restricting Interpretation of Policy’s “Drive Other Car” Exclusion

Allstate’s insured was involved in an automobile accident with a plaintiff in which it was alleged that Allstate’s insured was negligent causing injury to the plaintiff. Allstate had issued a policy of liability insurance to the driver and her husband, … Learn More

“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 … Learn More