What can happen if your proof of loss is late or delayed? Can your claim be denied because of a technicality such as this? Different states have different stances on this and in Wisconsin two statues govern this. Wisconsin Statute §§ 631.81 and 632.26 govern notice provisions in Wisconsin insurance policies and set out the rights and duties of the insured and the insurer.

Continue Reading Is a Late Proof of Loss Fatal to A Claim in Wisconsin?

On July 16, 2022, I wrote a blog regarding a recent decision in Wisconsin where the Federal District Court for the Eastern District of Wisconsin limited appraisal to “valuation” disputes. Today, I am pleased to announce that upon a Motion to Reconsider, the court reversed its decision and entered an order requiring the parties to submit their disputes to the appraisal process.1
Continue Reading Wisconsin Federal Court Corrects Its Error and Orders State Farm to Appraisal

Mike Duffy sent me the jury verdict questionnaire form early yesterday morning. He and Christina Phillips were in a trial representing a condominium association in Wisconsin. After I read it, I asked how we could win because the questions seemed so unfair. It seemed impossible.
Continue Reading Merlin Law Group Chicago Wins Wisconsin Trial—It Does Not Come Easy

In a recent decision by the United States District Court for the Eastern District of Wisconsin, a federal judge issued an order denying the property owner’s request for appraisal, holding that the insurance policy’s appraisal provision is “limited to disputes over valuation, not causation or coverage.”1
Continue Reading Wisconsin Federal Court Limits Appraisal to Valuation Only

The Wisconsin Office of the Commissioner of Insurance regulates the state’s insurance industry by investigating consumer complaints against insurance companies, agents, and adjusters. If you think that your insurance claim or policy has been delayed, wrongly denied, deliberately underpaid, or improperly managed, you can file a complaint with OCI and request an investigation.
Continue Reading How to File a Complaint with the Wisconsin Office of the Commissioner of Insurance

Earlier this week, college hoops fans were treated to a great matchup between the University of Wisconsin and Duke University in the championship game of the 2015 NCAA Basketball Tournament. Last week, in the spirit of the tournament, I wrote about insurance “bad faith” in Kentucky. Perhaps I jinxed the Kentucky Wildcats because they ended up losing to the Badgers of Wisconsin. Well, this week I was initially going to blog about what constitutes insurance “bad faith” in North Carolina (to honor Duke as the champions), but my colleague Nicole Vinson works cases in North Carolina and has blogged extensively about insurance subjects relating to the state. So, it makes sense for me to turn my attention to Wisconsin and share my research on what it takes to establish a claim for bad faith in Wisconsin.

Continue Reading What Constitutes Insurance “Bad Faith” in Wisconsin?