The Wisconsin Supreme Court has set significant precedent on when and how a substance will be considered a pollutant under an insurance policy's pollution exclusion. In a majority opinion authored by Justice Gableman, the court held in Wilson Mutual Insurance Company v. Falk, et al, that the see...
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A Primer for Wisconsin Healthcare Providers Regarding Testimony in Criminal Cases
Most healthcare providers are well-versed in mandatory reporting requirements regarding abuse, neglect, and domestic violence. Similarly, most healthcare providers are well aware of their ability to provide information to law enforcement officers in emergency health care situations. Less freque...
Revised Informed Consent Statute Provides Greater Protection for Healthcare Providers
In April 2012, the Wisconsin Supreme Court dealt a significant blow to the medical community when it handed down its decision in Jandre v. Wisconsin Injured Patients and Families Compensation Fund, 2012 WI 39. The issue before the Supreme Court was whether a physician, who had been found not neg...
Assembly Bill 143 Provides State Regulation of Rideshare Companies Including Additional Insurance Requirements
The debate between the City of Madison and the state legislature regarding regulation of transportation network companies (TNC's) was largely resolved on May 1, 2015, when Governor Walker signed Assembly Bill 143 into law. The new law provides additional access to affordable transportation options throughout the state....
Seventh Circuit Upholds Coverage for ‘Continuous’ Occurrence Five Years After WI Policy Expires
The Seventh Circuit Court of Appeals, in a decision by District Judge Virginia Kendall, upheld coverage for damage to an insured's home discovered five years after the insurer's policy with the insured expired. BACKGROUND The Strausses built a house in Mequon, Wisconsin in 1994. They insured th...
Identifying Cyber Risks and Protecting Health Care Organizations from Data Breaches
Overview The modern business landscape requires increasing reliance on the Internet and forms of social media as a platform to interact with potential customers, share information with the public, and sell products and services. Though these interactive mediums can provide businesses with incre...
Providing Initial Defense for Insured’s in Cases Where Coverage is Questionable Can Provide Insurers with Procedural Leverage to Later Disclaim its Duty to Defend
Overview A recent unpublished decision by the Wisconsin Court of Appeals provides valuable insight into the requirements for an insurer in satisfying the “four corners” rule as well as the ability to use extrinsic evidence in arguing for a coverage exclusion in cases where there is a basis to de...