Insurance Litigation Newsletter
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 motorcycle, was involved in an accident with another vehicle that was covered by a liability policy. In addition, the plaintiff also had his own policy covering his own motorcycle.
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 Weber v. Auto-Owners Insurance Company, Appeal No. 2014AP1953, the Appellate Court dealt with a situation wherein the plaintiff and her husband initiated a lawsuit against Auto-Owners alleging damages for the wife’s injuries and also asserting the loss of society and companionship on behalf of her spouse who was also named as a plaintiff.
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.” However, an exception to this rule has been found if the activity being performed by the independent contractor is “inherently dangerous”. The application of this exception was recently clarified by the Wisconsin Supreme Court.
Matthiesen, Wickert & Lehrer, S.C. is growing. We are proud to announce the addition of several new attorneys. We appreciate the continued trust and confidence our clients have shown in our abilities to maximize their subrogation recoveries anywhere within North America, and the increased recovery business entrusted to us has necessitated the addition of several experienced new attorneys, including two in our New Orleans office. Please join us in welcoming them.
Believing there is a need for mediation services outside the Milwaukee area, we have established Matthiesen, Wickert & Lehrer, S.C. Mediation Services in Hartford, Wisconsin. With Hartford’s central and convenient location, it allows us to provide reasonably priced ($275 per hour) mediation services throughout Southeastern and Central Wisconsin.