Category Archives: Insurance Subrogation

Attorney Weiss to speak at the Wisconsin Defense Counsel’s Spring Conference

Attorney Weiss was recently asked to speak at the Wisconsin Defense Counsel’s Spring Conference in Kohler, Wisconsin on April 21,2016.  He will be presenting an update on the changes in Wisconsin’s insurance subrogation law.  Here is a link for more … Continue reading

Posted in Insurance Subrogation, Uncategorized | Comments Off on Attorney Weiss to speak at the Wisconsin Defense Counsel’s Spring Conference

Weiss Law Office, S.C.’s Client Prevails In Another Coverage Dispute

Rural Mutual Insurance Company v. Secura Insurance, A Mutual Co., 2015AP1864-FT (slip op. Feb. 3, 2016) Rural Mutual resolved question over whether an insurer can enforce a condition subsequent in a policy which neither increased the risk to the insurer … Continue reading

Posted in Insurance Coverage, Insurance Subrogation | Leave a comment

Gabe’s Construction Co Inc v. Holly Pipe Corporation: A pause in the march of subrogation law

Gabe’s Constr. Co. v. Holly Pipe Corp., 2015 U.S. Dist. LEXIS 28472 (E.D. Wis. Mar. 9, 2015) is a recent case which illustrates tensions in the development of Wisconsin subrogation law in with regard to the ability of an insured … Continue reading

Posted in Civil Litigation & Appeals, Insurance Subrogation | Comments Off on Gabe’s Construction Co Inc v. Holly Pipe Corporation: A pause in the march of subrogation law

Effect of the Collateral Source Rule on Subrogation

How does the Collateral Source Rule interact with Subrogation? For subrogated parties, a lawsuit or claim isn’t resolved as soon as the injured Plaintiff and the Defendant, usually another insurance company, reach a settlement. Auto and health insurers with medical … Continue reading

Posted in Civil Litigation & Appeals, Insurance Subrogation, Uncategorized | Comments Off on Effect of the Collateral Source Rule on Subrogation

The Made Whole Doctrine Revisited

A recent Wisconsin Court of Appeals case, Employers Mutual Casualty Company v. Joseph Kujawa, 2015 WI App 26, may change the context in which courts evaluate insurance companies’ subrogation rights. Joseph Kujawa settled his personal injury claim with the tortfeasor before … Continue reading

Posted in Insurance Subrogation, Uncategorized | Leave a comment

Very quick introduction to ERISA and subrogation

This little outline is intended as an introduction for insurance claims adjusters, claim representatives, and new attorneys, in the context of subrogation liens in personal injury suits. Experienced attorneys, feel free to comment! What is ERISA, anyway, and how does … Continue reading

Posted in Insurance Subrogation, Uncategorized | Leave a comment

Court rules for Attorney Jahn’s client, denying spoliation motion

In a recent subrogation case venued in Racine County, the defense filed a motion to dismiss Weiss Law Office’s client, the insurance company Plaintiff, based on the alleged spoliation of evidence. In this case, the Plaintiff insured a homeowner who … Continue reading

Posted in Insurance Subrogation, Uncategorized | Comments Off on Court rules for Attorney Jahn’s client, denying spoliation motion

Pumpkin, Inc. v. Basil E. Ryan, Jr. – 2013AP1320

Pumpkin, Inc. sued Ryan Management, Inc. and alleged several intentional acts, including conversion, theft, and battery. American Family assumed the defense of Ryan Management, Inc. Summary Judgment was granted with to American Family by circuit court with regard to American … Continue reading

Posted in Civil Litigation & Appeals, Insurance Coverage, Insurance Defense, Insurance Subrogation, Uncategorized | Comments Off on Pumpkin, Inc. v. Basil E. Ryan, Jr. – 2013AP1320

John M. Bodish v. West Bend Mutual – 2013AP1659

After paying its underinsured motorist policy limits of $100,000.00, County Mutual was dismissed from Mr. Bodish’s personal injury suit. West Bend attempted to recover the settlement funds paid to its insured, Mr. Bodish, from County Mutual, claiming it should have … Continue reading

Posted in Civil Litigation & Appeals, Insurance Coverage, Insurance Defense, Insurance Subrogation, Uncategorized | Comments Off on John M. Bodish v. West Bend Mutual – 2013AP1659