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 […]
Governor Evers Signs Bill Including COVID Liability Protections, UI Reforms
Date Fri, Feb. 26, 2021 - 9:24am By Hamilton
On Thursday, February 25, Governor Tony Evers signed 2021 Act 4, legislation including both COVID liability protections and reforms to the state’s Unemployment Insurance (UI) system. The bill cleared the Legislature with widespread support, passing the Senate by 27-3 on February 18 and the Assembly by 89-0 on February 23. Senate President Chris Kapenga (R-Delafield), […]
Assembly Adds Contested Provisions Back to AB 1; Senate Makes a Minor Addition and Passes the Assembly’s Updated Version
Date Fri, Jan. 29, 2021 - 9:15am By Hamilton
Earlier this week, the Assembly and Senate again considered Assembly Bill 1 (AB 1), a comprehensive COVID-19 response package that was introduced at the start of the session by Speaker Robin Vos (R-Rochester) and quickly passed by the Assembly along partisan lines. AB 1 was then amended by the Senate via Senate Substitute Amendment 1 […]
Poteete v. Wales
Date Mon, Dec. 7, 2020 - 10:51am By Hamilton
In Poteete v. Wales, (2020AP741) the District IV Court of Appeals dismissed an appeal on ground that the court lacked jurisdiction because the appeal had been filed after the time to appeal had already expired. Facts: The circuit court heard a security deposit dispute between landlord and tenant, with a ruling ultimately being made in […]