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

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