*This case is recommended for publication. In Nooyen v. Wisconsin Electric Power Co. (2019AP289), the Court of Appeals District III dismissed safe place statute claims based on the plaintiff’s husband’s development of mesothelioma from asbestos. The court found the construction statute of repose barred the claims. Norbert Nooyen was working on the construction of two […]
Nooyen v. Wisconsin Electric Power Co. (Construction Statute of Repose)
Date Wed, Apr. 8, 2020 - 3:33pm By Hamilton
Lampe v. State Farm Mutual Insurance Co. (Future Medical Expenses)
Date Wed, Apr. 8, 2020 - 3:31pm By Hamilton
In Lampe v. State Farm Mutual Insurance Co. (2019AP656), the Court of Appeals District I found insufficient evidence for a jury award of future health care expenses to a plaintiff injured in a car accident. Plaintiff Brian Lampe was injured in a car accident and sued the other driver and his insurer State Farm. The […]
Hendrix v. Secura Insurance (Safe Place Statute)
Date Wed, Apr. 8, 2020 - 3:27pm By Hamilton
In Hendrix v. Secura Insurance (2018AP1103), the Court of Appeals District III allowed a plaintiff’s slip-and-fall safe place statute claim against the operator of a parking lot to proceed. The court found that the operator of the parking lot, Dedicated Fleet Services, could have had constructive notice of the unsafe condition, whereas the owner of […]
Storm v. Wisconsin Mutual Insurance Co. (UIM Reducing Clause)
Date Wed, Apr. 8, 2020 - 3:25pm By Hamilton
In Storm v. Wisconsin Mutual Insurance Co. (2018AP1285), the Court of Appeals District III found that an insurer gave proper notice to its insured about a policy change adding a reducing clause. Therefore, the policy was valid, and the underinsured motorist (UIM) limit was properly reduced. Teresa Storm was injured in a car accident and […]
Applegate-Bader Farm, LLC v. DOR (Agency Rulemaking Procedures)
Date Wed, Apr. 8, 2020 - 3:23pm By Hamilton
*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 […]
Graff v. Continental Indemnity Co. (Worker’s Compensation Exclusive Remedy)
Date Wed, Apr. 8, 2020 - 3:21pm By Hamilton
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 […]
Trost v. Haack Homestead Inspections, LLC (Duty to Defend)
Date Wed, Apr. 8, 2020 - 3:19pm By Hamilton
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, […]
Vistelar, LLC v. Cincinnati Specialty Underwriters Insurance Co. (Duty to Defend)
Date Wed, Apr. 8, 2020 - 3:18pm By Hamilton
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 […]
Paustian Medical & Surgical Center, S.C. v. IMT Insurance Co. (Duty to Defend)
Date Wed, Apr. 8, 2020 - 3:17pm By Hamilton
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 […]
Southwest Airlines Co. v. DOR (Tax Assessment)
Date Wed, Apr. 8, 2020 - 3:15pm By Hamilton
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 […]