When an insurance company feels it has a defense to coverage, it generally issues a “Reservation of Rights” letter advising its insured that it feels it does not provide insurance coverage regarding a particular claim. Its failure to send such a letter to its insured has been held to prevent it from claiming it need
litigation
Voluntary Quit for Unemployment Compensation Purposes
By John Bruce on
Posted in News and Recent Decisions
Generally, an employee who voluntarily terminates employment is not eligible for unemployment compensation. However, this is not the case where an employee quits due to "good cause attributable to the employer."
In Kierstead v. LIRC, 2011AP938 (April 3, 2012), the Court of Appeals clarified the law regarding what constitues such "good cause." In that case, the employee quit because he refused to sign a form acknowledging receipt of a disciplinary warning. He was told by his supervisor he would have to sign the form, or he would be fired.Continue Reading Voluntary Quit for Unemployment Compensation Purposes
Judge Sets Expert Witness Rates
By Thomas Schober on
Posted in Business Litigation
Milwaukee County Circuit Court Chief Judge Jeff Kremers issued a directive Monday morning that reimbursement of court-appointed expert witnesses should not exceed $2,800 at a maximum rate of $150 per hour.”
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Wisconsin’s New Budget Increases Small Claims Dollar Limit
By Thomas Schober on
Posted in Other Legal Issues
On June 26, Governor Scott Walker signed into law Wisconsin’s 2011-2013 biennial budget bill. This bill increases the amount that one may sue in Small Claims from “$5,000 or less” to “$10,000 or less.”
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Damages for Insurer’s Failure to Defend
By John Bruce on
Posted in Business Litigation
A decision of the District Court for the Eastern District of Wisconsin has serious implications regarding the amount of damages payable where an insurance company breaches its duty to defend its insured from claims made against it.
Wisconsin law provides that an insurance company is obligated to defend its insured from legal action even if only one of several claims made against the insured is covered under the insurance policy. Wisconsin state courts have not specifically addressed what damages are payable by an insurance company where only one of several claims are covered by the policy.
In Johnson Outdoors, Inc. v. General Star Indemnity Co., 2009 WL 4043194, the Eastern District Court determined that damages payable for breach of the duty to defend would be damages attributable to the covered claim only. Therefore, where there had been a settlement of various claims made against the insured, the insurer could discover information pertinent to the question what portion of the settlement related to the covered claim.Continue Reading Damages for Insurer’s Failure to Defend
Courts Are Wary about Allowing Parties to Clone Opposition’s Hard Drives
By Thomas Schober on
Posted in Business Litigation
system is reluctant to permit opposing parties to clone their opposition’s hard drives
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The Changing Landscape of Wisconsin Noncompetes
By Robert Sullivan on
Posted in Business Litigation
In Frank D. Gillitzer Electric Co.v. Andersen, a Wisconsin Appellate Court found that a provision in an employment contract that required an employee to repay certain training costs if the employee did not stay with the employer for four years after the training was completed did not violate Wis. Stats. § 103.465. This was …
Further Proof that Noncompete Agreements are Unique
By Robert Sullivan on
Posted in Business Litigation, Noncompete Agreements
The court battle between IBM and Dell over the employment of former IBM M&A chief David Johnson provides even more evidence that Noncompete Agreements are highly unique contracts that often lead to some highly unique arguments in litgation. It appears Mr. Johnson is arguing that because he “intentionally” signed the noncompete on the wrong line…
Kentucky Basketball and Letters of Intent
By Robert Sullivan on
Posted in Business Litigation
The current dispute involving the University of Kentucky and its former men’s basketball coach, Billy Gillispie, is an example of a not so uncommon problem with informal agreements. In general, “agreements to agree” (aka “letters of intent” or “agreements in principle) are not binding contracts under Wisconsin law. Instead, they are tools used to clarify…