Wisconsin Indemnity Law
Cintas Corp. No. 2 v. Becker Property Services LLC <table> <td>
Becker Property Services LLC ("Becker") and Cintas Corporation No. 2 ("Cintas") executed a contract containing indemnification and choice-of-law provisions. A dispute arose over whether the contract entitles Cintas to indemnification for damages caused by its own negligence. To answer that question, we must also resolve a threshold dispute: As between Wisconsin and Ohio, which law provid... More...
$0 (07-04-2018 - WI)Robert Krien v. Harsco Corporation
Before us is an appeal in a personal injury suit brought by an employee of Riley Construction named Krien. Riley, the general contractor of a construction project in Wisconsin, had hired Harsco Corporation to sup2<br><br>No. 13â€2272<br><br>ply scaffolding for the project. Krien, injured in a fall when a plank on a scaffold that he was standing on broke, sued Harsco. The parties settled his c... More...
$0 (03-13-2014 - WI)Katherine Lees v. Carthage College
Katherine Lees began her freshman year at Carthage College in the fall of 2008. On September 21, 2008, she was sexually assaulted in her dorm room by two men she believed to be Carthage students. Lees withdrew from Carthage after the attack and eventually brought this negligence action against<br><br>2 No. 11-3061<br><br>the college and its insurer, Lexington Insurance Company (collectively, "Cart... More...
$0 (04-16-2013 - WI)Acuity v. Ross Glove Company
¶1 NEUBAUER, P.J. Ross Glove Company appeals a declaratory judgment granted in favor of its insurer, Acuity, a Mutual Insurance Company. Ross Glove was the subject of trade dress infringement claims and requested that Acuity defend and indemnify it under the terms of its policy. Acuity was granted a declaratory judgment that its policy, specifically its "advertising injury†provi... More...
$0 (04-04-2012 - WI)Wanda Brethorst v. Allstate Property and Casualty Insurance Company
This case comes to the court on certification by the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2007-08).[1] The case arises out of an uninsured motorist (UM) claim submitted by Wanda Brethorst (Brethorst) to her insurer, Allstate Property and Casualty Insurance Company (Allstate). When Brethorst made a demand for settlement, Allstate offered only a partial settlement of Bretho... More...
$0 (06-14-2011 - WI)Milwaukee Metropolitian Sewerage District v. american International Specialty Lines Insurance Company
When 19 acres of land are offered for sale for $1.00, any purchaser has reason to be wary. The Milwaukee Metropolitan Sewerage District is responsible for flood control and wastewater treatment in the greater Milwaukee area. As part of a flood control project, the District needed to acquire from Milwaukee County a piece of real estate along Lincoln Creek. The nominal asking price was $1.00. In ant... More...
$0 (03-10-2010 - WI)Eric G. Eberts v. Torge Goderstad, et al. v. American Family Mutual Insurance Company
This case arises from the sale of an expensive and historic home in Neenah, Wisconsin.<br><br>After moving in, the buyers discovered numerous defects in the home and sued the sellers in federal district court for breach of contract, various forms of misrepresentation, and negligence. The present appeal is limited to a dispute about insurance coverage—specifically, whether the sellers' insur... More...
$0 (06-29-2009 - WI)Plastics Engineering Company v. Liberty Mutual Insurance Company
This is a certification of questions of law from the United States Court of Appeals for the Seventh Circuit, pursuant to Wis. Stat. § 821.01 (2005-06).1 The questions certified for determination are: "(1) what constitutes an 'occurrence' in an insurance contract when exposure injuries are sustained by numerous individuals, at varying geographical locations, over many years; (2) whether Wiscons... More...
$0 (01-29-2009 - WI)Rockwell Automation, Inc. v. National Union Fire Insurance Company of Pittsburgh, P.A. v. Travelers Indemnity Company
Following a state court trial in Missouri, a jury found Rockwell Automation, Inc. ("Rockwellâ€) liable for damages exceeding $97 million. The court also awarded post-judgment interest which eventually accrued to over $18 million. Rockwell's excess insurers, National Union Fire Insurance Company of Pittsburgh ("National Unionâ€), Federal Insurance Company ("Federalâ€), and Gulf Insur... More...
$0 (09-15-2008 - WI)Samuel C. Johnson 1988 Trust, et al. b. Bayfield County, Wisconsin
At issue in this lawsuit are Bayfield County's ("the County") ongoing efforts to convert unused railway lines in the County into snowmobile trails. As the legal basis for its plans, the County alleges that the United States retains a reversionary interest in these railroad right-of-ways and that Congress has established that, pursuant to this reversionary interest, if the railway lines are ... More...
$0 (04-02-2008 - WI)Allan Block Corporation v. County Materials Corporation
<P>In two contracts, one in 1993 and the other in 1997, Allan Block licensed County Materials to manufacture Allan Block's patented concrete blocks. The contracts forbade County Materials to manufacture competing concrete blocks (with certain exceptions) for as long as the contract was in effect and for 18 months after it was terminated. But when the licenses were terminated (both at the sa... More...
$0 (01-17-2008 - WI)Capwin 19, LLC v. Michael G. Zingg and Persons Investments, LLC
<P>1 DYKMAN, J. Capwin 19, LLC, appeals from an order granting summary judgment to Michael Zingg and Parsons Investments, LLC in Capwin's action against Zingg and Parsons for breach of contract. Capwin contends that the trial court erroneously granted summary judgment to Zingg and Parsons based on their affirmative defense that Capwin anticipatorily breached the contract for the sale of ... More...
$0 (12-17-2007 - WI)Gerald Stenulson, West Bend Mutual Insurance Company v. Hunzinger Construction Company
<P> Oneida Erecting, Inc. appeals from orders entered after the trial court granted summary judgment in favor of Hunzinger Construction Company dismissing Oneida's employee, Gerald Stenulson's, personal injury claim against Hunzinger on the basis of an indemnification provision in the contract between Hunzinger and Oneida. Oneida contends that the contract relied on was not in effect at the time... More...
$0 (11-06-2007 - WI)<a href="http://www.wicourts.gov/ca/opinion/DisplayDocument.html?content=html&seqNo=30094" target="_new">Holly Parsons, a minor, by her guardian ad litem, John C. Cabaniss, et al. v. American Family Insurance Company, et al.</a>
<P>1 Holly Parsons appeals from an order that dismissed all claims against Peter and Jennifer Klug for injuries Parsons suffered in an automobile accident. The court held that when Parsons cashed the $100,000 check that followed an offer of judgment, she released the Klugs from all liability arising from the accident. The court dismissed all claims against the Klugs. Parsons argues that t... More...
$0 (08-29-2007 - WI)<a href="http://www.wicourts.gov/sc/opinion/DisplayDocument.html?content=html&seqNo=28562" target="_new">The Estate of Frank P. Rille, by its Personal Representative, Susan Rile, and Susan Rille, et al. v. Physicians Insurance Company, et al., etc.</a>
<P>1 SHIRLEY S. ABRAHAMSON, C.J. This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2003-04).[1] The circuit court for Waukesha County, Mark S. Gempeler, Judge, granted the motion of the third-party defendants, Albertson's, Inc. and Osco Drug, Inc., (collectively referred to as Osco Drug),[2] to dismiss the third-party complaint br... More...
$0 (04-05-2007 - WI)<a href="http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=05-4577_013.pdf" target="_new">Magdalene M. Smoot and Ryan M. Smoot v. Mazda Motors of America, Inc. and Toko Marine and Fire Insurance Company, Ltd.</a>
<P>The district judge, after barring the plaintiffs' expert from testifying, dismissed this diversity personal-injury suit (the substantive issues in which are governed by Wisconsin law) on the ground that without expert testimony the plaintiffs could not prove their case. <P> Before reviewing that ruling, we remark the confusion in the parties' briefs concerning the elements of the diversi... More...
$0 (12-01-2006 - WI)<a href="http://www.ca7.uscourts.gov/tmp/SP0GW4I7.pdf" target="_new">Confold Pacific, Inc. v. Polaris Industries, Inc.</a>
<P>The district judge granted summary judgment for the defendant, Polaris, a manufacturer of snowmobiles and other vehicles, in this diversity suit by ConFold for breach of contract and unjust enrichment. Polaris used to ship its vehicles in disposable containers, but in 1993 it began considering the possibility of using returnable containers instead. ConFold was a new company that wanted t... More...
$0 (01-10-2006 - WI)<a href="http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=01-2275.PDF" target="_new">Debra Krchnavy v. Limagrain Genetics Corporation a/k/a LG Seeds Inc.</a>
In August 1999, Limagrain Ge-netics Corp. (LG Seeds) terminated Debra Krchnavy, a 44- year old woman, as part of a reduction-in-force (RIF). Short-ly thereafter, some of her former duties were taken over by a different LG Seeds employee, who happened to be a 34- year old male. Krchnavy sued her former employer alleging discriminatory discharge in violation of the Age Discrimina-tion in Empl... More...
$0 (06-24-2002 - WI)<a href="http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=01-2925" target="_new">Paper Systems, Inc. v. Nippon Paper Industries Co., Ltd.</a>
Five manufacturers of thermal facsimile paper- -a product now obsolete--are accused in this class action of conspiring to reduce output and raise price in this business from 1990 to 1992. The paper business has a long history of cartelization; criminal prosecutions and civil antitrust actions are depressingly common. In 1995 the Department of Justice brought a criminal prosecution agains... More...
$0 (02-06-2002 - WI)<a href="http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=00-3487" target="_new">Charter Oak Fire Insurance Company v. Hedeen & Companies, C.V., et al.</a>
These appeals arise out of a declaratory judgment action filed by Charter Oak Fire Insurance Company ("Charter Oak") against Hedeen and Companies, Funmaker, C.V. Hedeen's Fun City, U.S.A., C.V. Hedeen's Fun Factory, Clemens V. Hedeen, Jr., and Patti Jo Hedeen, who we will refer tocollectively as "the Hedeens." The district court granted summary judgment in favor of the Hedeens, but refuse... More...
$0 (02-04-2002 - WI)<a href="http://www.wisbar.org/res/sup/2001/00-1369.htm" target="_new">Wolfgang Mau and Ena Mau v. North Dakota Insurance Reserve Fund</a>
CERTIFICATION of a question of law from the Supreme Court of North Dakota. Certified question answered and cause remanded.<P> 1. N. PATRICK CROOKS, J. This case is before the court on certification from the Supreme Court of North Dakota pursuant to Wis.Stat.§821.01 (1995-96).1 The parties dispute whether Wolfgang Mau is covered under an underinsured motorist policy. The specific question before ... More...
$0 (12-21-2001 - WI)<a href="http://www.ca7.uscourts.gov/op3.fwx?submit1=showop&caseno=01-1275" target="_new">Lockwood International, B.V. v. North River Insurance Company and Fidelity and Guaranty Insurance Company</a>
This diversity suit, based on Wisconsin law, presents a novel but potentially quite important issue of insurance law: whether a liability insurer, asked to defend (or pay the defense costs in) a suit against its insured that contains some claims that are covered by the insurance policy and others that are not, can limit its responsibility to defend by paying the plaintiff in the liabilit... More...
$0 (12-06-2001 - WI)