In Great Lakes Excavating v. Dollar Tree Stores (2019AP2095), the District I Court of Appeals held that an improperly limited lien waiver that did not comply with Wis. Stat. § 779.05(1) constituted a full waiver of lien rights.
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Cincinnati Insurance Company v. Ropicky (Insurance Claim Investigation)
In Cincinnati Insurance Company v. Ropicky (2020AP791), the District II Court of Appeals held that an agent acting on behalf of an insurer to conduct a post-loss claim investigation was not exempt from liability for negligence.
Gamini v. Quartz Health Benefit Plans Corporation (Health Insurance Claim Denial)
In Gamini v. Quartz Health Benefit Plans Corporation (2020AP1442), the District IV Court of Appeals upheld a health insurer’s denial of an insurance claim.
V&J Employment Services v. Liberty Mutual Insurance Company (Employee Benefits Liability Coverage)
In V&J Employment Services v. Liberty Mutual Insurance Company (2019AP2415), the District I Court of Appeals held that a company’s commercial insurance policy, including employee benefits liability coverage, did not provide for defense or indemnification against lawsuits involving wage claims.
Kennedy v. Gander (Medical Malpractice)
In Kennedy v. Gander (2020AP218), the District IV Court of Appeals held that a lawsuit against a nonprovider employee of a health care provider could not proceed because the employer was not a party to the suit.
Governor Evers Signs Bill Including COVID Liability Protections for Businesses and Other Entities
On Thursday, February 25, Governor Tony Evers signed 2021 Act 4, legislation including both COVID liability protections and reforms to the state’s Unemployment Insurance (UI) system. The bill cleared the Legislature with widespread support, passing the Senate by 27-3 on February 18 and the Assembly by 89-0 on February 23. Senate President Chris Kapenga (R-Delafield), Senate Majority Leader Devin LeMahieu (R-Oostburg), Assembly Speaker Robin Vos (R-Rochester), and Representative Mark Born (R-Beaver Dam), in particular, championed the liability protections in the Legislature.
Concerning Civil Liability Policies Included in Gov. Evers’ 2021-23 Budget
On Tuesday, February 16, Governor Tony Evers gave his second biennial budget address and released his 2021-23 executive budget. All told, the governor proposes an operating budget of $45.4 billion in fiscal year (FY) 2021-22 and $45.6 billion in FY 2022-23. On the civil justice front, the governor’s budget includes several proposals of concern to the WCJC and its members.
Assembly Speaker Vos Proposes COVID-19 Liability Protections
December 1, 2020, Assembly Speaker Robin Vos (R-Rochester) released a Legislative Fiscal Bureau memorandum summarizing a legislative proposal as a next step in the state’s response to the COVID-19 pandemic.
Townsend v. ChartSwap, LLC (Agency)
In Townsend v. ChartSwap, LLC, (2019AP002034), the court held that a record providing service was an agent of a health care provider, and therefore was bound by the statutory limits imposed on the health care provider.
City of Waukesha v. City of Waukesha Board of Review (Authority to Appeal)
In City of Waukesha v. City of Waukesha Board of Review, (2019AP1479), the court held that the City of Waukesha lacked authority to seek certiorari review of a tax decision made by the City of Waukesha Board of Review.