From 'Swan & Associates v. American Safety Casualty' (2009AP531) ¶7 In general, Wisconsin courts will enforce parties' express agreement that the law of a particular jurisdiction shall control their contractual relations. 'Bush v. National Sch. Studios, Inc.', 139 Wis. 2d 635, 642, 407 N.W.2d 883 (1987). Allowing parties some degree of autonomy to stipulate controlling law "promotes certainty and predictability in contractual relations ." Id. (citing WILLIS L. M. REESE, Choice of Law in Torts and Contracts and Directions for the Future, 16 COLUM. J. TRANSNAT'L L. 1, 22-24 (1977)). The right is not unqualified, however; parties are not permitted, through their contractual selection of applicable law, to disregard the "important public policies of a state whose law would be applicable if the parties choice of law provision were disregarded." Id. ... >> Read More...

In 'Day v. Allstate Indemnity Company' (2008AP2929) the plaintiff Wendy Day sued Holly Day, her ex-husband’s current wife, who was an insured under a homeowners' insurance policy with the defendant, for wrongful death and survivorship claims alleging that Holly’s negligent supervision caused the plaintiff's daughter’s death. The defendant asserted that the family member exclusion clause in the homeowners' liability policy precluded coverage for the plaintiff's wrongful death and survivorship claims. The family member exclusion limited coverage by excluding losses for a “bodily injury to an insured person whenever any benefit of this coverage would accrue directly or indirectly to an insured person.” Under the policy, the plaintiff’s daughter, the plaintiff’s ex-husband and his wife Holly Day were considered “insured persons,” while the plaintiff herself was not. The defendant moved for summary judgment on the coverage issue, and the circuit court denied the motion. The defendant appealed.>> Read More...

The Wisconsin Supreme Court today issued a couple of notable decisions. The first was a highly anticipated case deciding the constitutionality of the Wisconsin Legislature’s transfer of $200 million from the Injured Patients and Families Compensation Fund. The second case involved an important negligence case deciding whether a principal employer is liable in tort for the injuries sustained by an independent contractor’s employee while he or she is performing the contracted work. Below is a summary of both cases.>> Read More...

The Wisconsin Supreme Court has granted the petition for review of the Court of Appeals decision in the consolidated cases 'Casper v. American International South Insurance Co.' (2006AP1229), 'Casper v. National Union Fire Ins. Co. of Pittsburgh, PA' (2006AP2512), and 'Casper v. National Union Fire Ins. Co. of Pittsburgh, PA' (2007AP369), 2010 WI App 2, 323 Wis.2d 80, 779 N.W.2d 444, on the issues, "For 'excusable neglect,' is it necessary to have evidence of the actions that caused the neglect or of the reasons why a "carefully structured process to respond to complaints" did not work if the party failed to timely respond? -- OR Did failure to answer the complaint in a timely manner constitute excusable neglect?>> Read More...

Wisconsin has a long history of promoting tourism and outdoor activities. One of the great joys of living in Wisconsin is the number of recreational opportunities available, including a large number of well-kept bicycle trails. These trails are developed and maintained by the cooperation of local and state governments, and a number of bicycle clubs with dedicated members who volunteer their time and energy to making Wisconsin a bicycle friendly state. Wisconsin’s Recreational Immunity Statute, Wis. Stat. sec 895.52, is intended to promote recreational activity in Wisconsin by making certain organizations and individuals immune from liability for injuries or death caused while a person is engaged in recreational activities. Although the statute does not directly refer to “bicycle clubs,” it is likely that some bicycle clubs and organizations fall within the umbrella of protection provided by the law.>> Read More...