Category Archives: Insurance Defense

Arizona Court Of Appeals Defines “Keeper” Of A Dog

Arizona law imposes strict liability on dog owners for injuries and bites caused by their dog pursuant to A.R.S. §§ 11-1020 and 11-1025. Section 11-1020 states “injury to any person or damage to any property by a dog while at … Learn More

U.S. Seventh Circuit Court Of Appeals Interprets Wisconsin Mediation Statute And Privileges

In John Doe v. Archdiocese of Milwaukee, No. 13-3783 (2014), “John Doe” settled his sexual abuse claims against the Archdiocese of Milwaukee after participating in voluntary mediation. Doe signed a settlement agreement containing a confidentiality clause, another clause providing that … Learn More

Wisconsin Appellate Court Clarifies Subjective And Objective Intent Requirements In Intentional Act Exclusion

The Wisconsin Court of Appeals recently had occasion to address the issue of whether “subjective” and/or “objective” intent to cause injury must be found in the context of an intentional act exclusion. In Fetherstone v. Parks, ­2014 WI App. 2, … Learn More

Wisconsin Supreme Court Expands Coverage For Permissive Users Under Auto Policies

The Wisconsin Supreme Court recently expanded the scope of coverage under auto policies when it held an auto insurer must defend and indemnify a permissive user of the auto who is sued by the named insured. Blasing v. Zurich Amer. … Learn More

Did Wisconsin Just Adopt The Twombly And Iqbal Heightened Federal Pleading Standard?

On July 23, 2014, the Wisconsin Supreme Court decided Data Key Partners v. Permira Advisers LLC, 2014 WI 86. Remarkably, the decision appears to adopt the U.S. Supreme Court’s controversial decision in Bell Atl. Corp. v. Twombly, 550 U.S. 544 … Learn More

Asbestos Exclusion Found By Supreme Court To Preclude Coverage

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

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

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

New Jersey Court Of Appeals Imposes New Duty Specific To Persons Who Send Text Messages To Drivers

Kubert v. Best and Colonna, Superior Court of New Jersey Appellate Division, Docket No. A-1128-12T4 FACTS Plaintiffs were seriously injured by an 18-year-old driver who was texting while driving and crossed the centerline of the road. The plaintiffs’ clams for … Learn More

The Wisconsin Supreme Court Clarifies Definition Of “Occurrence”

Liability insurance policies provide insurance coverage only for accidental events and not for personal injury or property damage caused by an intentional act of their insured. To that end, insurance carriers generally include language in their policies providing coverage only … Learn More