Category Archives: Insurance Defense

Significant Changes To Wisconsin’s Dog Bite Statute

Wisconsin’s so-called dog bite statute entitled “Owner’s Liability for Damage Caused by Dog” is currently set forth in Wis. Stat. § 174.02. Section 174.02(1)(a) deals with a “first bite” of a dog while § 174.02(1)(b) deals with a “second bite” … Learn More

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) … Learn More

Attorney Schuster Achieves Defense Verdict in Federal Court Table Saw Case

On Wednesday, September 16, 2015, a Western District of North Carolina Federal Court jury returned a defense verdict on behalf of a Taiwanese table saw manufacturer and its U.S. subsidiary, holding that Attorney Richard Schuster’s clients were not negligent in … Learn More

Wisconsin Court Upholds Claimant’s Right to Wis. Stat. § 628.46 Interest

The Court in the case of Dilger v. Metropolitan Property and Casualty Insurance Company (“Metropolitan”), Appeal No. 2014AP1851, determined that a claimant, upon proper compliance with the statutory requirements, is entitled to interest pursuant to Wis. Stat. § 628.46(1). In … Learn More

Wisconsin Court Interprets Wisconsin Statute Chapter 814 Governing Costs In Civil Actions

In a lawsuit setting forth a common factual scenario found in many civil cases, the court had an opportunity and did decide with specificity the applicable provisions in Chapter 814 of the Wisconsin Statutes. In the case of Weber v. … Learn More

Wisconsin Court Upholds “Drive Other Car” Exclusion And Claim For Underinsured Motorist Benefits

In a recent Wisconsin case, Smith v. Acuity Insurance, Appeal No. 2014AP1587, the Court was confronted with an interpretation over the “drive other car” exclusion within a policy issued by Acuity Insurance. In this case, the plaintiff, while riding a … Learn More

MWL Successfully Defends Employer Against Third-Party Contribution And Indemnification Litigation In Hawai’i

Matthiesen, Wickert & Lehrer, S.C.’s (“MWL”) team of seasoned litigators continue to assist employers to defy arduous hurdles presented by third-party contribution suits. When faced with a personal injury claim from an injured employee, defendant-tortfeasors can sometimes go on the … Learn More

Wisconsin Supreme Court Clarifies When Homeowner Can Be Held Liable For Negligent Acts Of Independent Contractor

The independent contractor rule in Wisconsin generally provides that “one who contracts for the services of an independent contractor is not liable to others for the acts of the independent contractor.” Lofy v. Joint School District 2, 42 Wis.2d 253, … Learn More

Wisconsin Supreme Court Finds Cow Manure To Be A Pollutant

In Wilson Mutual v. Falk, et al., 2014 WI 136, 2014, the insureds were owners and operators of a dairy farm in Washington County, Wisconsin, and the defendants were all neighbors of the insureds. In early 2011, the insureds spread … Learn More

Wisconsin Holds College Student Not Insured Under Parent’s Homeowner’s Policy

In Schaefer v. Taylor and Amica Mutual Ins. Co., 2013 AP 2419 (2014), originating in Dane County, Wisconsin, the plaintiff was injured when the defendant struck her while snowboarding. The defendant was 21 and a full-time student. The defendant’s parents … Learn More