Download vCard

PRACTICE AREAS

• Insurance coverage
• Insurance defense
• Insurance subrogation
• Civil Litigation & Appeals

EDUCATION

• J.D., Case Western Reserve University, 1991
• B.A., History, University of Wisconsin, 1987

ADMITTED

• Wisconsin, 1991
• U.S. District Court, Eastern District of Wisconsin
• U.S. District Court, Western District of Wisconsin
• United States Court of Appeals for the 7th Circuit
• United States Court of Appeals for the Federal Circuit

HONORS & RECOGNITION

• AV® Preeminent™ Peer Review RatedSM by Martindale-Hubbell®
• Super Lawyers 2014, 2015

Monte E. Weiss is the founder of Weiss Law Office, S.C. The bulk of his practice involves the defense of personal injury, property damage and products liability cases for insurance companies and self-insured companies. He routinely represents insurance carriers on insurance contract interpretation issues, claims of bad faith and other complex insurance coverage matters. He has drafted several personal lines insurance policies, including homeowner and automobile policies. Upon receiving a request from Chief Justice Shirley Abrahamson to assist with the regulatory system that governs the conduct of Wisconsin’s attorneys, Attorney Weiss accepted. He serves on District Investigation Committee Two of the Office of Lawyer Regulation. This service helps him to serve his clients in the defense of legal malpractice claims as well as grievances with and complaints filed by the Office of Lawyer Regulation.

Mr. Weiss has argued his clients' cases before the Wisconsin Court of Appeals as well as the Wisconsin Supreme Court. He is the author of a number of articles regarding insurance coverage and other insurance industry-related topics and is a regular speaker on insurance issues.

Mr. Weiss was recently honored by being selected as one of Wisconsin's Top Rated Lawyers. He has also recently celebrated his 15th year with the highest recognition possible in the legal industry

Publications

Seminars Taught
  • “Issues in Wisconsin Discovery and Summary Judgment Practice,” Milwaukee County Circuit Court, December 15, 1995.
  • “Subrogation: An Update on Some Recent Subrogation Cases,” Civil Trial Counsel of Wisconsin, Annual Convention 1998.
  • “A Selected Update on Uninsured and Underinsured Motorist Coverage,” Milwaukee Bar Association, September 11, 2001.
  • “Update on Uninsured and Underinsured Motorist Coverage,” Wisconsin Update on Auto Accident Litigation, Professional Education Systems Institute, LLC, December 18-19, 2001.
  • “Avoiding Bad Faith in the Claims Stage,” Insurance Bad Faith Claims in Wisconsin, Lorman Education Services, February 28, 2002.
  • “Wisconsin Insurance Litigation: UM/UIM, Subrogation, and Litigating Coverage Issues,” Professional Education Systems Institute, LLC, October 10-11, 2002.
  • “A Selected Update on Uninsured and Underinsured Motorist Coverage,” Milwaukee Bar Association, November 12, 2002.
  • “Uninsured and Underinsured Motorist Coverage: An Update & Subrogation: An Update,” Wisconsin Supreme Court – Civil Law Seminar: November 21, 2002.
  • “Avoiding Bad Faith in the Claims Stage,” Insurance Bad Faith Claims in Wisconsin, Lorman Education Services, February 25, 2003.
  • “Common Insurance Coverage Disputes: First Party, Third Party, Advertising Injury, Personal Injury, Contractual Liability, Reinsurance, Retrospective Premium and Subrogation Disputes,” Challenges in Wisconsin Insurance Coverage Litigation, National Business Institute, Inc., August 12, 2003.
  • “The Previously Lost Economic Loss Doctrine,” Civil Trial Counsel of Wisconsin – Fall Convention; September 19, 2003.
  • “Wisconsin Insurance Litigation: UM/UIM, Subrogation & Litigating Coverage Issues,” Professional Education Systems Institute, LLC, April 15-16, 2004.
  • “Uninsured and Underinsured Motorist Coverage, An Update,” Wisconsin Supreme Court – Civil Law Seminar, December 1-3, 2004.
  • “Avoiding Bad Faith in the Claims Stage,” Insurance Bad Faith Claims in Wisconsin, Lorman Education Services, March 22, 2005 and April 29, 2005.
  • “Insurance Coverage for the Misrepresentation and Breach of Contract Claims,” Defending Against the Claim Related to Sale of Property, Civil Trial Counsel of Wisconsin, April 7, 2005.
  • “Application of the Economic Loss Doctrine in the Construction Defect Case,” Defending the Construction Defect Case, Civil Trial Counsel of Wisconsin, April 8, 2005.
  • “Getting the Most Out of Your Evidence During Wisconsin Personal Injury Trials,” National Business Institute, Inc., April19, 2005.
  • “The Economic Loss Doctrine, How Far Does it Reach?” State Bar of Wisconsin - Litigation Section Seminar Annual Meeting, May 3, 2006.
  • “Selected Issues for Worker’s Compensation Training,” Zurich American Insurance Group, Brookfield, Wisconsin, November 3, 2006.
  • “Avoiding Bad Faith in the Claims Stage – First Party Claims,” Insurance Bad Faith Claims in Wisconsin, Lorman Education Services, March 31, 2006, March 30, 2007 and March 26, 2008.
  • “Wisconsin Case Law, A Selected Update,” Wisconsin Claims Counsel, May 22, 2008.
  • “Replacement Cost Coverage & The Appraisal Clause: Wisconsin Law After The Farmers v. Union Pacific,” Wisconsin Fire Loss Association, October 13, 2009.
  • “Spoliation of Evidence: Wisconsin Law After American Fam. Mut. Ins. Co, v. Goelke Bros.,” Wisconsin Fire Loss Association, October 13, 2009.
  • “Treatment of Payments for Medical Expenses in Third Party and First Party Claims,” Wisconsin Supreme Court – Civil Law Seminar: December 3, 2009.
  • “Avoiding Bad Faith In The Claims Stage” Wisconsin Defense Counsel Spring Conference, April 23, 2015.
  • “Duty to Defend Issues” Panel Discussion, Wisconsin Defense Counsel Spring Conference, April 24, 2015.
  • “Wisconsin’s Disciplinary Process - An Overview” Wisconsin Defense Counsel Winter Conference, December 4, 2015

Published Cases
  • State Farm Fire & Cas. Co. v. Hague Quality Water, Int'l, 2013 WI App 10, 345 Wis. 2d 741, 826 N.W.2d 412 aff’d 2014 WI 5.
  • Casper v. Am. Int'l S. Ins. Co., 2011 WI 81, 800 N.W.2d 880
  • American Family Mutual Ins. Co. v. David Golke, 2009 WI 81, 319 Wis. 2d 397, 768 N.W.2d 729
  • Farmers Auto. Ins. Ass'n v. Union Pac. Ry. Co., 2009 WI 73, 319 Wis. 2d 52, 768 N.W.2d 596
  • Everson v. Lorenz, 2005 WI 51, 280 Wis. 2d 1, 695 N.W.2d 298
  • Ins. Co. of N. Am. v. Cease Elec. Inc., 2004 WI 139, 276 Wis. 2d 361, 688 N.W.2d 462
  • Kevin S. Dalka v. American Family Mutual Ins. Co., 2011 WI App 90, 334 Wis. 2d 686, 799 N.W.2d 923
  • Feerick v. Matrix Moving Sys., Inc., 2007 WI App 143, 302 Wis. 2d 464, 736 N.W.2d 172
  • Aaron Bain v. Tielens Construction, Inc., 2006 WI App 127, 294 Wis. 2d 318, 718 N.W.2d 240.
  • Spic & Span, Inc. v. Cont'l Cas. Co., 203 Wis. 2d 118, 552 N.W.2d 435 (Ct. App. 1996)

Professional Associations & Memberships
  • State Bar of Wisconsin
  • Office of Lawyer Regulation, District 2 Committee Member
  • Defense Research Institute, Insurance Law Committee Member
  • Wisconsin Defense Counsel (formerly the Civil Trial Counsel of Wisconsin)
  • American Bar Association, Tort and Insurance Section Member
  • Milwaukee Bar Association, Bench/Bar Court of Appeals Committee
  • State Bar of Wisconsin Mock Trial Tournament, Milwaukee Region, Co-coordinator, 1995–2009