In Thom v. 1st Auto & Casualty Insurance Company (2020AP285), the District IV Court of Appeals determined an insurer’s liability for a vehicle covered but not specifically described by a policy issued by that insurer.
Blog
Rave v. SVA Healthcare Services (Class Certification)
In Rave v. SVA Healthcare Services (2019AP2236), the District I Court of Appeals upheld the circuit court’s decision to certify a class in a lawsuit involving fees for medical records.
Appeals Court Rules State Can Release Records on Businesses with COVID-19 Cases
On Monday, April 5, a three-judge panel from the District IV Court of Appeals ruled against Wisconsin Manufacturers and Commerce (WMC) and in favor of Governor Tony Evers, his administration, and the media in a case involving information about businesses whose employees have contracted COVID-19. The lawsuit was filed in October 2020 in Waukesha County Circuit Court by WMC, the state’s largest business association, as well as two local chambers of commerce.
Wisconsin Supreme Court Rules Against Gov. Evers in Public Health Emergency Case, Ending Statewide Mask Mandate
On Wednesday, March 31, the Wisconsin Supreme Court issued a ruling in Jeré Fabick v. Tony Evers, holding 4-3 that the governor cannot issue successive emergency declarations on the same subject. Petitioner Jeré Fabick sought a declaratory judgement on Governor Tony Evers’ authority to issue multiple public health emergency declarations related to the COVID-19 pandemic. Justice Brian Hagedorn delivered the majority opinion, joined by Chief Justice Pat Roggensack and Justices Annette Ziegler and Rebecca Bradley. Justice Ann Walsh Bradley wrote a dissenting opinion joined by Justices Rebecca Dallet and Jill Karofsky.
Mohns v. BMO Harris Bank (Discovery Violations)
In Mohns v. BMO Harris Bank (2018AP71), the Wisconsin Supreme Court held that the circuit court was within its discretion to impose judgement on liability, including for intentional misrepresentation, as a sanction for discovery violations.
Clark v. League of Wisconsin Municipalities Mutual Insurance Company (Notice of Claim)
In Clark v. League of Wisconsin Municipalities Mutual Insurance Company (2019AP954 and 2019AP1489), the District II Court of Appeals held that a claim may still be able to proceed even though the plaintiff failed to provide formal notice as required by Wis. Stat. § 893.80(1d)(a).
Great Lakes Excavating v. Dollar Tree Stores (Construction Lien Waiver)
In Great Lakes Excavating v. Dollar Tree Stores (2019AP2095), the District I Court of Appeals held that an improperly limited lien waiver that did not comply with Wis. Stat. § 779.05(1) constituted a full waiver of lien rights.
Cincinnati Insurance Company v. Ropicky (Insurance Claim Investigation)
In Cincinnati Insurance Company v. Ropicky (2020AP791), the District II Court of Appeals held that an agent acting on behalf of an insurer to conduct a post-loss claim investigation was not exempt from liability for negligence.
Gamini v. Quartz Health Benefit Plans Corporation (Health Insurance Claim Denial)
In Gamini v. Quartz Health Benefit Plans Corporation (2020AP1442), the District IV Court of Appeals upheld a health insurer’s denial of an insurance claim.
V&J Employment Services v. Liberty Mutual Insurance Company (Employee Benefits Liability Coverage)
In V&J Employment Services v. Liberty Mutual Insurance Company (2019AP2415), the District I Court of Appeals held that a company’s commercial insurance policy, including employee benefits liability coverage, did not provide for defense or indemnification against lawsuits involving wage claims.