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Tag Archives: Insurance

BENCH BLOG: Justices unanimous in asbestos decision

There has been a recent spate of appellate cases interpreting insurance policies, including Schinner v. Gundrum and Barrows v. Renfrow. In the newest, Phillips v. Parmelee, all three levels of courts agreed on the interpretation of an asbestos exclusion.

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Managing the malpractice debate

When you run a practice, cutting costs often is a must. Bargain prices on everything from office supplies to office space can make or break your business.

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Supreme Court seeks to clarify insurance exclusions

Two cases pending in the Wisconsin Supreme Court this term should clarify the meanings of two common exclusions in insurance policies: pollution exclusions in homeowner policies and motorized vehicle exclusions in farm policies.

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10-3015 Universal Mortgage Corp. v. Wurttembergische Versigherung AG

Insurance Bankers bonds; Employee misconduct When an insured incurs liability to a third party — whether in contract or tort — as a result of employee misconduct, financial loss resulting from that liability is not “directly” caused by the employee misconduct and therefore is not covered by fidelity bonds containing direct-loss language. “The particular bond at issue in our case ...

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10-3898 & 11-1006 Weitzenkamp v. UNUM Life Ins. Co. of America

Insurance ERISA; self-reported symptoms limitation The failure to include a self-reported symptoms limitation in the summary plan description (“SPD”) prevents an ERISA plan from relying on it to discontinue benefits. “Here, the SPD clearly sets out that long-term benefits will be discontinued after twenty-four months if a participant’s disability is due to mental illness or substance abuse. It does not, ...

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2008AP2595 Brethorst v. Allstate Property & Casualty Ins. Co.

Insurance Bad faith An insured may file a bad faith claim without also filing a breach of contract claim. “[W]hile Jones held that a bad faith claim need not be accompanied by a breach of contract claim, it did not hold that a first-party bad faith claim need not be accompanied by a breach of contract. Instead, the court in ...

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10-2112 Jackman Financial Corp. v. Humana Ins. Co.

Insurance ERISA; facility-of-payment clauses Where a life insurance policy contained a facility-of-payment clause, it did not violate ERISA for the insurer to pay the proceeds to the insured’s children. “Under the arbitrary and capricious standard, we overturn the administrator’s decision only where there is an absence of reasoning to support it. See Hess v. Reg-Ellen Machine Tool Corp., 423 F.3d ...

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2009AP001422 Siebert v. Wisconsin American Mutual Ins. Co.

Insurance Automobile policies; negligent entrustment An insurer is not liable for its insureds’ negligent entrustment of a vehicle if the driver was not negligent in his operation of the vehicle. “Bankert and Malone teach us that there is no coverage for Koehler’s alleged negligent entrustment of the vehicle to Raddatz because that act is not an independent concurrent cause of ...

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