An elasticity clause in an insurance policy does not implement the 2009 Truth in Auto Law unless the policy was issued or renewed on or after November 1, 2009, the effective date of the Act, as it is not “in conflict with” the terms of policies issued or renewed before the effective date. Wolf v. Am. Family Mut. Ins. Co., No. 2014AP1522-FT (Wis. Ct. App. Mar. 4, 2015). … [Read more...]

An obvious gas line leak in the street presented a known and compelling danger which imposed a ministerial duty on the City to act. Therefore, the City had no immunity. Oden v. City of Milwaukee, No. 2014AP130 (Wis. Ct. App. Mar. 3, 2015). … [Read more...]

In Advanced Waste Servs., Inc. v. United Milwaukee Scrap, LLC, No. 2014AP1169 (Wis. Ct. App. Mar. 3, 2015), the absolute pollution exclusion clause, found in many Wisconsin insurance policies, applies to bar coverage for any loss involving the dispersal of pollutants, regardless of whether the insured caused the dispersal. This decision is consistent with two other fairly recent Wisconsin cases: Hirschhorn v. Auto-Owners Insurance Co., 2012 WI 20, 338 Wis. 2d 761, 809 N.W.2d 529 and United … [Read more...]

The justification defense to a tortious interference with contract claim is satisfied when a reasonably inquiry has been made by a defendant and, based on the advice of counsel, there is an honest belief by the defendant that a contract is unenforceable, even if it is later determined to be an erroneous belief. Sysdyne Corp. v. Rousslang, et. al., A13-0898 (Minn. 2015). … [Read more...]