Category: Members Only

Victory Liberty Mutual (“LM”) insured the Germantown School District.  The policy includes an employee benefit plan administration endorsement, providing coverage for errors made in the administration of an employee benefit plan.  The district was sued by a group of retired administrators after it decided (after Act 10) to discontinue paying for the administrators’ long term […]

VICTORY In Secura Insurance v. Lyme St. Croix Forest Company, 2018 WI 103, 384 Wis. 2d 282, 918 N.W.2d 885, Ray Duerr Logging, LLC (“Duerr”) was conducting logging and lumbering operations in Douglas, Wisconsin.  A fire ignited in the cutting head of a feller buncher that Duerr was using, spread to grass under the machine, and jumped to […]

VICTORY Mayo v. Wisconsin Injured Patients and Families Compensation Fund, 2018 WI 78, 383 Wis. 2d 1, 914 N.W.2d 678, is a medical malpractice action in which the plaintiffs successfully challenged the $750,000 cap on non‑economic damages under Wis. Stat. § 893.55 in the lower courts.  In particular, the trial court held that the damage cap was constitutional […]

VICTORY The WIA also participated as amicus curiae in one Wisconsin Court of Appeals case.  In Johnson Controls, Inc. v. Central National Ins. Co. of Omaha, Appeal No. 14AP2050, the trial court held that an excess insurer must “drop down” to defend claims when the primary insurer does not, despite unambiguous policy language to the contrary, and […]

LOSS In West Bend Mut. Ins. Co. v. Ixthus Medical Supply, Inc., Appeal No. 2017AP909, Abbott Laboratories and related entities sued West Bend insured Ixthus for trademark and trade dress infringement, fraud, racketeering, and other alleged illegal acts.  In particular, the plaintiffs in the underlying action claimed that Ixthus illegally conspired to import and sell diverted international […]

VICTORY The Wisconsin Court of Appeals has asked the WIA to participate as an amicus curiae in Frank Hull v. John Glewwe, et al., Appeal No. 2017AP2485.  In that case, both Hull and Glewwe were injured in an accident while working on Hull’s roof.  Glewwe sued Hull’s homeowner’s insurer, Unitrin, under the direct action statute, but did not […]