This past June, the Wisconsin Supreme Court affirmed a decision of the court of appeals that an employer/property owner could be held liable for damage to his neighbors property caused by the acts of the independent contractor he hired to spray herbicide. The case is Brandenburg v. Briarwood For...
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HIPAA Compliance Is More Important than Ever for Business Associates of Health Care Entities
The Health Care Insurance Portability and Accountability Act of 1996 (HIPAA) has been a defining feature of the health care landscape for nearly twenty years. Key pieces of HIPAA are its Privacy and Security Rules, which set standards for how “covered entities” (health care providers, health care...
The Plain Language of Underinsured Motorist Policy Excluded Coverage for Vehicles Which Were Not Insured under the Policy
On August 26, 2014, the Wisconsin Court of Appeals, District 1, affirmed a decision from the Milwaukee County Circuit Court, denying coverage in an underinsured motorist finding that there was no coverage under the policy because the insured was injured, “while ‘occupying', or when struck by, any...
Statutory Interest Imposed under Wis. Stat. 628.46 Is Not Applicable to Payment of Contractual Settlements of an Insurance Claim
Last week, the Court of Appeals in Singler v. Zurich American Insurance Company (2014AP391) found Wis. Stat. §628.46, the statute which imposes 12 percent annual interest if an insurer fails to pay a claim within 30 days, is not applicable to payment of contractual settlements of an insurance cl...
Wisconsin Supreme Court has Opportunity to Clarify Scope of Pollution Exclusions
1. INTRODUCTION Wisconsin cases interpreting insurance coverage under pollution exclusion clauses have failed to give insurers and their insureds guidance as to what circumstances would trigger a standard pollution exclusion clause. To a large extent, the cases involving pollution exclusion...
Reducing the Risks of Health Care Provider Liability for Employee Privacy Breaches
Organizations and individuals that handle “protected health information” (PHI) face high standards imposed by both federal and state law.(1) This week, we consider steps health care industry employers can take to reduce the risk of liability when an employee accesses and/or discloses PHI without ...
Court of Appeals Restricts Consideration of Market Value and Broad Evidence in Appraisal
On November 12, 2014, the Wisconsin Court of Appeals, District 1, rendered its decision in Coppins, et al. v. Allstate Indemnity Company, 13AP2739. Coppins involved an appeal from an order of the Milwaukee Circuit Court, Judge Paul R. Van Grunsven, awarding summary judgment to Allstate on Coppins...
Wisconsin Supreme Court Provides a Narrow Interpretation of “Owner” Under the Dog Bite Statute
Overview In its recent opinion in Augsburger v. Homestead Mutual Ins. Co., 2014 WI 133 (Dec. 26, 2014), the Wisconsin Supreme Court undertook a narrow interpretation of the “dog bite” statute. According to the Court, imposing liability on a landowner for “harboring” a dog requires more than m...
Court Of Appeals Reminds Plaintiffs That Allegations Of Fraud Must Meet Heightened Pleading Standard
On January 8, 2015, the Court of Appeals issued its decision in Dr. Michael B. Shapiro v. Rick Vanden Heuvel CPA, et al., 2014AP1338, reinforcing the longstanding principle that claims of fraud must be supported by specific allegations in the complaint. Dr. Shapiro alleged in his Complaint that ...
Supreme Court Reverses Appellate Decision To Hold Manure Is A Pollutant
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...
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...