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 […]
Gamini v. Quartz Health Benefit Plans Corporation (Health Insurance Claim Denial)
Date Tue, Apr. 13, 2021 - 1:02pm By Hamilton
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 […]
Diamond v. Office of the Commissioner of Insurance
Date Mon, Dec. 7, 2020 - 10:50am By Hamilton
In Diamond v. Office of the Commissioner of Insurance, (2020AP99) the District IV Court of Appeals affirmed disciplinary action taken against an insurance intermediary for misleading consumers and recommending products that weren’t suitable for the consumer. Facts: Diamond put on workshops directed towards senior citizens that advertised financial advice in several areas. The advertisement said […]
US Bank NA v. Tellock
Date Mon, Dec. 7, 2020 - 10:49am By Hamilton
In US Bank NA v. Tellock, (2019AP378) the District I Court of Appeals affirmed the suppression of emotional distress evidence because damages for emotional distress were not available. Facts: Tellock defaulted on her mortgage so she and her lender, US Bank, negotiated a signed a modified loan agreement. After the agreement had been signed and […]
Townsend v. ChartSwap, LLC
Date Mon, Dec. 7, 2020 - 10:48am By Hamilton
In Townsend v. ChartSwap, LLC, (2019AP002034), the District I Court of Appeals held that a record providing service was an agent of a health care provider, and therefore was bound by the statutory limits imposed on the health care provider. Facts: After an accident, Townsend requested her medical and billing records from Milwaukee Radiologists. ChartSwap, […]
COVID-19 Premises Liability Legislation Circulating in Wisconsin Legislature
Date Thu, Sep. 3, 2020 - 10:46am By Hamilton
Sen. Chris Kapenga (R-Delafield), Rep. Mark Born (R-Beaver Dam), and Rep. Dan Knodl (R-Germantown) are circulating legislation to shield Wisconsin businesses, schools, universities, and other entities from the threat of lawsuits alleging liability for COVID-19 exposures. Such protections would only apply to those who take adequate precautions to keep their premises safe. On September 9, […]