von Briesen & Roper, s.c. - Practice Area - Insurance Coverage and Risk Management

Insurance Coverage and Risk Management

Attorneys

Anderson, Carmen N.	Mullaney, Peter F.
Baxter, James A.	Nicholas, Charles P.
Chintamaneni, Smitha	Nilles, Terry E.
Conta, Lee Anne N.	Noyes, Kelly J.
Fathallah, Jason R.	Reid, Philip C.
Fronk, Nathan S.	Riordan, Christopher P.
Goller, John G.	Rocco, John P.
Handeland, Julie L.	Salzer, Craig M.
Heckert, Jeanette M.	Swietlik, Jessica M.
Johnson, Laurel	Vogt, Heidi L.
Kim, Jr., Alan G. B.	Wells, Patrick L.
Kubina, Jamie R.	Westrup, David A.
McRae, Marylee

Specialties

Articles

Title	Created
Wisconsin Court of Appeals Concludes Watercraft Exclusion is Not Applicable Despite the Insured Contributing to Cost of the Watercraft Rental On August 10, 2010, the Wisconsin Court of Appeals issued a decision in Ottmann, et al. v. American Family Mutual Ins. Co., et al., Appeal No. 2009 AP 2345 ("Ottmann") in which the court held that despite the insured contributing to the rental fee of the watercraft, the watercraft exclusion in the homeowner's insurance policy did not bar coverage.	08/19/10
Minnesota Supreme Court Overrules Longstanding Ban on Contribution, Recognizes Right of Equitable Contribution Among Primary Insurers In Cargill, Inc. v. Ace American Ins. Co., A08-1082 (Minn. June 30, 2010) ("Cargill"), the Minnesota Supreme Court struck down a 43-year ban on contribution among primary insurers, overruling Iowa Nat'l Mut. Ins. Co. v. Universal Underwriters Ins. Co., 276 Minn. 362, 150 N.W.2d 233 (1967) ("Iowa National"). On that basis, the Cargill court affirmed lower-court rulings allowing contribution among Cargill's primary insurers for environmental litigation defense costs.	07/07/10
Supreme Court of Ohio Adheres to "All Sums" Allocation, Clarifies Contribution and Timely Notice Issues Pennsylvania Gen. Ins. Co. v. Park-Ohio Industries, 2010-Ohio-2745 On June 22, 2010, the Supreme Court of Ohio issued its decision in Pennsylvania Gen. Ins. Co. v. Park-Ohio Industries, 2010-Ohio-2745 ("Penn General"), in which the court followed and clarified the "all sums" approach adopted in Goodyear Tire & Rubber Co. v. Aetna Cas. & Sur. Co., 95 Ohio St.3d 512, 2002-Ohio-2842, 769 N.E.2d 835 ("Goodyear").	07/01/10
Supreme Court of Wisconsin Imposes Duty to Defend on Excess Insurer Despite Absence of Duty to Defend Provision in Policy Johnson Controls, Inc. v. London Market, et al., 2010 WI 52 On June 24, 2010, the Supreme Court of Wisconsin issued a decision in Johnson Controls, Inc. v. London Market, et al., 2010 WI 52 ("Johnson Controls") in which the court held that although an excess insurer's policy did not contain a duty to defend provision, it did contain a follow form provision which incorporated the duty to defend provision found in the underlying policies. The Court further determined that the excess insurer's duty to defend was not conditioned upon exhaustion of the underlying policies.	06/24/10
Supreme Court of Wisconsin Expands Bad Faith Law Roehl Transport, Inc. v. Liberty Mutual Insurance Co., 2010 WI 49 On June 22, 2010, the Supreme Court of Wisconsin issued a unanimous decision in Roehl Transport, Inc. v. Liberty Mutual Insurance Co., 2010 WI 49 ("Roehl Transport"), in which the court held that an insurer "may be liable for the tort of bad faith when [it] fails to act in good faith and exposes the insured to liability for sums within the deductible amount." Id., ¶57.	06/23/10
Wisconsin Court of Appeals Affirms Coverage for PCB Cleanup of Wisconsin's Lower Fox River On June 8, 2010, the Wisconsin Court of Appeals issued its decision in Westport Insurance Corp. v. Appleton Papers Inc., No. 2009AP286 (Wis. Ct. App. June 8, 2010) ("Westport"), which affirmed a Brown County Circuit Court judgment declaring coverage existed under numerous policies for cleanup of polychlorinated biphenyls ("PCBs") released between 1954 and 1971 into the Lower Fox River from paper production mills the insured acquired in 1978. The ruling was not unanimous: Judge Joan F. Kessler authored the opinion affirming the majority opinion (joined in by Judge Patricia S. Curley); Judge Ralph Adam Fine dissented.	06/10/10

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Description

The von Briesen & Roper Insurance Coverage and Risk Management Group provides insurance, claims and litigation-related services for self-insureds, primary and excess insurance companies and re-insurers with respect to casualty, products, property and professional insurance in the following areas:

All aspects of insurance coverage and appellate work
Claims and Litigation Management
Reinsurance and Insurance Audit Services
Coverage Analysis and Litigation
Bad Faith Analysis
Bad Faith Litigation
Claims Mediation and Arbitration
Claims and Litigation Consulting and Testimony
TPA, Brokers and Agents Liability
Arson and Insurance ...
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Practice Section Leader:
Heidi L. Vogt

hvogt@vonbriesen.com
Milwaukee
tel: (414) 287-1258
fax: (414) 238-6668