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.
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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.
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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.
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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?
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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.
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