Applegate-Bader Farm, LLC v. DOR (Agency Rulemaking Procedures)

*This case is recommended for publication.   In Applegate-Bader Farm, LLC v. DOR (2018AP1239), the Court of Appeals District IV held that the Wisconsin Department of Revenue (DOR) complied with rulemaking procedures in Wis. Stat. Ch. 227 when it promulgated new rules regarding property tax classification.   Background Wisconsin law provides certain incentives for property […]

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Graff v. Continental Indemnity Co. (Worker’s Compensation Exclusive Remedy)

In Graff v. Continental Indemnity Co. (2018AP1782), the Court of Appeals District III held that the worker’s compensation exclusive remedy bars tort actions based on negligent denial of benefits by an insurance company. Plaintiff Francis Graef developed depression as a result of a work-related injury. Continental, Graef’s employer’s worker’s compensation insurer, approved initial payments for […]

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Trost v. Haack Homestead Inspections, LLC (Duty to Defend)

In Trost v. Haack Homestead Inspections, LLC (2018AP2344), the Court of Appeals District IV held that a liability insurer had no duty to defend because the complaint did not allege property damage caused by the insured. Defendants Raymond and Donna Weihofen sold their house. After discovering a bat infestation and water intrusion in the home, […]

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Vistelar, LLC v. Cincinnati Specialty Underwriters Insurance Co. (Duty to Defend)

In Vistelar, LLC v. Cincinnati Specialty Underwriters Insurance Co. (2019AP633), the Court of Appeals District I held that the insurer did not have a duty to defend against claims of trademark infringement because the policy prohibited coverage for known losses. Vistelar and Verbal Judo entered into a licensing agreement wherein Vistelar could use Verbal Judo’s […]

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Paustian Medical & Surgical Center, S.C. v. IMT Insurance Co. (Duty to Defend)

In Paustian Medical & Surgical Center, S.C. v. IMT Insurance Co. (2019AP141), the Court of Appeals District IV held that the insurer had no duty to defend because an impaired property exclusion applied. Paustian contracted with RC Heating & Cooling so RC could design and install an HVAC system in the build-out of Paustian’s medical […]

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Southwest Airlines Co. v. DOR (Tax Assessment)

In Southwest Airlines Co. v. DOR (2019AP818), the Court of Appeals District I held that Southwest Airlines and AirTran Airways did not meet the statutory requirements to qualify for a “hub facility” exemption from property taxes. The “hub facility” exemption from property taxes exempts air carriers from paying property taxes if they operate at least […]

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Hickethier v. Janesville Kia (Fraudulent Misrepresentation)

In Hickethier v. Janesville Kia (2018AP2276), the Court of Appeals District IV held that plaintiffs failed to sufficiently allege that their car dealership knowingly misrepresented defects in the vehicle they purchased or that the dealership engaged in unconscionable practices. Dawn Livingston-Hickethier and Chris Hickethier purchased a used Buick from Janesville KIA. When the Hickethiers got […]

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Central United Methodist Church v. City of Milwaukee (Tax Exemption)

In Central United Methodist Church v. City of Milwaukee (2019AP778), the Court of Appeals District I held that a Milwaukee church accepting donations for use of its parking lot used its property exclusively for benevolent purposes; therefore, the church was entitled to a property tax exemption under Wis. Stat. § 70.11(4). Central United, a non-profit […]

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Kasal v. Stryker Corp. (Attorney Fees in Worker’s Compensation)

In Kasal v. Stryker Corp. (2019AP1017), the Court of Appeals District I held that an insurer was not entitled to attorney fees in a third-party liability worker’s compensation case because the insured’s policy precluded recovery of attorney fees. Aurora hospital employee Mary Kasal was injured by a piece of equipment at work. Kasal subsequently filed […]

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Wisconsin Supreme Court Oral Arguments – March & April

Due to COVID-19 concerns, the Wisconsin Supreme Court has canceled its oral arguments for most of March and April. New dates for oral arguments will be set at a later date, unless all parties stipulate to the court proceeding with a decision without oral arguments. As of right now, oral arguments are still on for […]

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