Mohns v. BMO Harris Bank (Discovery Violations)
Date Tue, Apr. 13, 2021 - 1:04pm By Hamilton
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. Facts Mohns, Inc. was the general contractor for a condominium construction venture developed by Paul Bouraxis and financed by BMO […]
Clark v. League of Wisconsin Municipalities Mutual Insurance Company (Notice of Claim)
Date Tue, Apr. 13, 2021 - 1:03pm By Hamilton
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). Facts While working as an instructor for Fox Valley Technical […]
Great Lakes Excavating v. Dollar Tree Stores (Construction Lien Waiver)
Date Tue, Apr. 13, 2021 - 1:03pm By Hamilton
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. Facts Riverworks City Center contracted with AMCON Design and Construction to build a commercial building and parking […]
Cincinnati Insurance Company v. Ropicky (Insurance Claim Investigation)
Date Tue, Apr. 13, 2021 - 1:02pm By Hamilton
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. Facts Homeowners Ropicky and Leichtfuss filed a property damage claim with Cincinnati Insurance Company, the issuer of their homeowners’ […]
Gamini v. Quartz Health Benefit Plans Corporation (Health Insurance Claim Denial)
Date Tue, Apr. 13, 2021 - 1:02pm By Hamilton
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. Facts Gamini’s son was visiting another country when he began experiencing severe dental pain. An X-ray revealed four impacted wisdom teeth, which were removed by an oral surgeon. The family was […]
V&J Employment Services v. Liberty Mutual Insurance Company (Employee Benefits Liability Coverage)
Date Tue, Apr. 13, 2021 - 1:01pm By Hamilton
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. Facts A group of companies under the V&J brand faced several class-action lawsuits in New […]
Kennedy v. Gander (Medical Malpractice)
Date Tue, Apr. 13, 2021 - 1:01pm By Hamilton
In Kennedy v. Gander (2020AP218), the District IV Court of Appeals held that a lawsuit against a nonprovider employee of a health care provider could not proceed because the employer was not a party to the suit. Facts Kennedy received treatment from Gander, a physician assistant, at a facility operated by SSM Health. Kennedy and […]
Wisconsin Supreme Court Rules Against Gov. Evers in Public Health Emergency Case, Ending Statewide Mask Mandate
Date Fri, Apr. 9, 2021 - 11:17am By Hamilton
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. […]
Gov. Evers Signs PBM, PSC, and Several Other Bills
Date Fri, Apr. 9, 2021 - 11:16am By Hamilton
On Friday, March 26, Governor Tony Evers announced that he had signed 14 bills into law, including several key healthcare-related bills. One of these bills was Senate Bill 3, now 2021 Wisconsin Act 9, which we last covered here. The law authorizes the Office of the Commissioner of Insurance (OCI) to license and regulate pharmacy […]
Appeals Court Rules State Can Release Records on Businesses with COVID-19 Cases
Date Fri, Apr. 9, 2021 - 11:15am By Hamilton
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 […]