In Verkler v. YRC, Inc. (2018AP1531), the Court of Appeals District I ruled against Allstate Property & Casualty Insurance Co. in a civil negligence action brought after a car accident. Allstate’s insured Victoria Southern crashed into a truck in YRC, Inc.’s driveway. Southern initially told law enforcement that she had been lost and was looking […]
Kiewiz v. My Custom Shop, Inc. (Warranty)
Date Wed, Apr. 8, 2020 - 3:36pm By Hamilton
In Kiewiz v. My Custom Shop, Inc. (2018AP2008), the Court of Appeals District II dismissed the plaintiff’s claims of misrepresentation and breach of warranty against the dealer from whom he purchased a truck. After test driving the truck, plaintiff Kiewiz bought the truck from My Custom Shop for $3,800. My Custom Shop told Kiewiz it […]
Delglyn v. Equifax (Fair Credit Reporting Act)
Date Wed, Apr. 8, 2020 - 3:35pm By Hamilton
In Delglyn v. Equifax (2019AP232), the Court of Appeals District I dismissed the plaintiff’s claims that Equifax violated the federal Fair Credit Reporting Act (FCRA) in its responses to the plaintiff’s notices of disputed items on his credit report. Plaintiff James Delglyn sent a notice of dispute to Equifax regarding four accounts on his credit […]
Nooyen v. Wisconsin Electric Power Co. (Construction Statute of Repose)
Date Wed, Apr. 8, 2020 - 3:33pm By Hamilton
*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 […]
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, […]