Insurance Defense Quarterly Newsletter – May 2013
In Bethke v. Auto-Owners Ins. Co., 2013 WI 16 (2013), the plaintiffs sought underinsured motorist (UIM) coverage under a policy issued by Auto-Owners (“Owners”) as a result of an automobile accident caused by an allegedly negligent driver of a rental vehicle owned by Avis Rent-A-Car (“Avis”). The Court concluded that, as applied, the policy term “self-insurer” is ambiguous because it is unclear whether a reasonable insured would understand that a car rental company is statutorily liable. Read More….
PRODUCTS LIABILITY TEST CHANGED IN WISCONSIN: Wisconsin Follows Trend Towards Adopting Restatement (Third) Of Torts
A rapidly changing area of insurance defense involves products causing injury or damage to people and property. Many states are moving towards adopting the standards set by the Restatement (Third) of Torts, and Wisconsin is no different. On February 1, 2011, the Wisconsin Omnibus Tort Reform Act went into effect, severely affecting and changing products liability law in Wisconsin. These changes will, in turn, have a significant impact on defending products liability cases. Read More….