Court Error – Indemnification

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WI Court of Appeals – District IV

Case Name: Marlene S. Meier, et al. c. Wisconsin Lawyers Mutual Insurance Company, et al.

Case No.: 2018AP953

Officials: Sherman, Kloppenburg and Fitzpatrick, JJ.

Focus: Court Error – Indemnification

Wisconsin Lawyers Mutual Insurance Company and its insureds, attorney James Vance and law firm Vance, Wilcox & Martin, S.C. (collectively, Vance), appeal an order of the circuit court dismissing their amended third-party complaint against VH Land, LLC, Spruce Hollow Land, LLC, MREC VH Madison, LLC, Veridian Homes, LLC, and David Simon (collectively, the Buyers). Vance, who was sued by former legal clients for legal malpractice in connection with the sale of their property to the Buyers, asserted third-party claims against the Buyers for contribution and indemnification for any liability Vance may have to the clients. The circuit court concluded that Vance’s complaint fails to state claims for contribution or indemnification against the Buyers and dismissed those claims. For the reasons discussed below, we reverse.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.