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
While I was reading a Wisconsin Supreme Court decision cited in my post, Is Bat Infestation and Damage Covered Under A Homeowners Policy?, I noted that the same court held Covid 19 does not make property suffer physical loss or damage.1
Continue Reading Wisconsin Supreme Court Rules Covid Does Not Cause Physical Loss or Damage
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
On July 1, 2020, Wisconsin Act 129 became effective. The Act, which governs public adjusters in Wisconsin, now requires all non-residents to register with the commissioner prior to engaging in adjusting services in Wisconsin. Resident public adjusters may register but are not required to do so.
Continue Reading Attention All Wisconsin Public Adjusters
My travels last week took me to Milwaukee, Wisconsin. Since I have been writing a series on calculating actual cash value, I thought that I would discuss Wisconsin law in this week’s blog.
Continue Reading Calculating Actual Cash Value, Part 15: Wisconsin
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?
In previous weeks, something has directed my attention to a certain state on which to focus while surveying the total loss standards across the country. This week, in doing some research for a client, I came across an interesting case dealing with total loss in Wisconsin.
Continue Reading What Constitutes a Total Loss in Wisconsin?