McCormick v. Auto Club Insurance Association (Doctrine of Accord and Satisfaction)
Date Sun, Oct. 13, 2019 - 7:09pm By Hamilton
In McCormick v. Auto Club Insurance Association (2018AP753), the Court of Appeals District I held that the doctrine of accord and satisfaction applied when the plaintiff cashed a check that the defendant insurer intended to settle the claim. After David McCormick was injured in an automobile accident with an uninsured driver, McCormick sought his full […]
Harwood v. Wheaton Franciscan Services, Inc. (Class Action Certification)
Date Sun, Oct. 13, 2019 - 7:07pm By Hamilton
In Harwood v. Wheaton Franciscan Services, Inc. (2018AP1836), the Court of Appeals District I affirmed class action certification in a lawsuit against a medical provider related to medical record fees. Plaintiff Elizabeth Harwood filed the lawsuit against Wheaton Franciscan, alleging Wheaton Franciscan illegally charged her attorney fees for copies of her health records. Harwood sought […]
Beedle v. Wisconsin Mutual Insurance Co. (Insurance Policy Business Exclusion)
Date Sun, Oct. 13, 2019 - 7:05pm By Hamilton
In Beedle v. Wisconsin Mutual Insurance Co. (2018AP2147), the Court of Appeals District IV held that an insurance policy’s business exclusion applied when the insured was engaging in a side job, barring coverage for an injury caused by the insured’s negligence on the job. Plaintiff Jacob Beedle was injured while helping the insured construct a […]
Paynter v. ProAssurance Wisconsin Insurance Co. (Medical Malpractice Coverage)
Date Sun, Oct. 13, 2019 - 7:03pm By Hamilton
In Paynter v. ProAssurance Wisconsin Insurance Co. (2017AP739), the Court of Appeals District III held that a medical malpractice insurance policy did not provide coverage for a doctor’s alleged liability connected with services performed in another state. The underlying claim in the case arose when Dr. James Hamp, who operates offices in both Wisconsin and […]
State of Wisconsin ex rel. Collison v. City of Milwaukee Board of Review (Property Tax Assessment)
Date Sun, Oct. 13, 2019 - 7:01pm By Hamilton
In State of Wisconsin ex rel. Collison v. City of Milwaukee Board of Review (2018AP669), the Court of Appeals District I upheld the tax assessment of a property with environmental pollution. Property owner Ronald Collison appealed a $31,800 tax valuation of his property, arguing the property’s fair market value is zero dollars due to environmental […]
Mueller v. LIRC (Worker’s Compensation)
Date Sun, Oct. 13, 2019 - 6:59pm By Hamilton
In Mueller v. LIRC (2018AP707), the Court of Appeals District III held that employees must show actual wage loss attributable to a work-related injury in order to be eligible for temporary disability worker’s compensation benefits. Employees may not receive temporary disability if they voluntarily retire, nor if subsequent attempts to re-enter the labor market are […]
Chapp v. Colgate-Palmolive Co. (Talcum Powder)
Date Sun, Oct. 13, 2019 - 6:57pm By Hamilton
In Chapp v. Colgate-Palmolive Co. (2018AP937), the Court of Appeals District I held that the plaintiff presented insufficient evidence that Colgate talcum powder caused his wife’s cancer and therefore upheld summary judgment in favor of Colgate. Ruth Chapp used Colgate’s Cashmere Bouquet talcum powder daily. Her husband Dale Chapp, who worked in an occupation where […]
Freund v. Nasonville Dairy, Inc. (Receivership Proceedings – Voidable Preference)
Date Sun, Oct. 13, 2019 - 6:55pm By Hamilton
In Freund v. Nasonville Dairy, Inc. (2018AP1215), the Court of Appeals District III held that, in receivership proceedings, a preference is voidable under Wis. Stat. § 128.07(2) if an ordinarily prudent business person would have reasonable cause to believe 1) the transferor is insolvent and 2) the transfer would enable the recipient to obtain a […]
Wisconsin & Milwaukee Hotel, LLC v. City of Milwaukee (Property Tax Assessment)
Date Sun, Oct. 13, 2019 - 6:53pm By Hamilton
In Wisconsin & Milwaukee Hotel, LLC v. City of Milwaukee (2018AP1744), the Court of Appeals District I upheld property tax assessments of a downtown Milwaukee hotel. Wisconsin & Milwaukee Hotel (WMH) owns and operates the Milwaukee Marriott Downtown. The city assessor valued the property at $24 million in 2014 and $37 million in 2015. WMH […]
Paul R. Ponfil Trust v. Charmoli Holdings, LLC (Settlement Agreement)
Date Sun, Oct. 13, 2019 - 6:52pm By Hamilton
In Paul R. Ponfil Trust v. Charmoli Holdings, LLC (2018AP1321), the Court of Appeals District II held that a settlement agreement was unenforceable because it lacked agreement on material terms. During the course of this action, the Trust and Charmoli signed a “Mediation Settlement Agreement,” which included five paragraphs of terms related to their joint […]