Erik M. Gustafson
von Briesen & Roper, S.C. · Milwaukee
Schedule
8:25 am
Welcome and Announcements
8:30 am
Coverage B – Personal and Advertising Injury Coverage
Monte E. Weiss
- What claims fall under personal and advertising injury — libel, slander, false arrest, and the other enumerated offenses
- Where coverage ends — key exclusions that limit coverage.
- The interplay between Coverage A and Coverage B.
- Wisconsin case law interpreting Coverage B.
9:30 am
Insurance Coverage Case Law Update
Samantha M. Radish
- Planes, Trains, and Automobiles: When Am I Covered? -- Ramirez v. Voyager Indem. Ins. Co., 2026 WI App 21, 420 Wis. 2d 404, 35 N.W.3d 266; Gohlke v. W. Bend Ins. Co., 2026 WI App 18, 420 Wis. 2d 209, 33 N.W.3d 561; Kerstner's Transmission & 4-Wheel Drive Ctr., Inc. v. Mesa Underwriters Specialty Ins. Co., 2026 WI App 27, 420 Wis. 2d 560, 36 N.W.3d 240 (per curiam); Fredrich v. Farmers Grp. Prop. & Cas. Ins. Co., 2026 WI App 22, 420 Wis. 2d 417, 35 N.W.3d 272; Ramos v. RLI Ins. Co., No. 2024AP1161, 2026 LX 232346 (Ct. App. June 9, 2026) (unpublished)
- Ensuing Loss and Modification Endorsements: The Final Word on Ropicky -- Cincinnati Ins. Co. v. Ropicky, 2026 WI 25, 421 Wis. 2d 165, 36 N.W.3d 917 - Executive Protection: The Limitations of Directors, Officers, and Entity Liability Insurance -- Bioferm Holdings, LLC v. Hartford Fire Ins. Co., 2025 Wisc. Cir. LEXIS 1804; 2025 LX 678523 (Dane County Circuit Court)
- Quick hits (if time): Intentional Acts -- Westbrook v. Jones, 2026 WI App 37, 37 N.W.3d 896; Ruiz v. Atkinson, 2026 WI App 27, 420 Wis. 2d 559, 36 N.W.3d 231 (per curiam)
10:30 am
Break
10:45 am
Exploring Coverage Counsel's Ethical Obligations Under SCR 20 Rule 3
Alexander C. Lemke
- Candor, Frivolousness, and Fairness in Coverage Litigation and Evaluating an attorney’s obligations under SCR 20:3.1.
- Information Flow Between Defense Counsel and Coverage Counsel and Navigating ethical obligations concerning the exchange of information.
- Fairness to Opposing Parties in Bifurcated Coverage and Liability Proceedings and Examining counsel’s obligations under SCR 20:3.4.
11:45 am
Lunch (on your own)
12:45 pm
Weathering the Storm: The Evolving Landscape of Insurance Coverage.
Maria Krause, Nichole R. Radler
- Increasingly frequent and severe weather events are creating complex coverage challenges across first-party property and third-party liability claims, and key issues include policy interpretation, exclusions and limitations, causation and allocation of loss, climate-science evidence, and jurisdiction-specific approaches to coverage disputes.
- Effective resolution of catastrophic-weather claims requires prompt investigation, careful preservation and development of technical evidence, expert coordination, thoughtful damages analysis, and strategic handling of coverage positions, appraisal, mediation, settlement, and litigation.
1:45 pm
Assignments of Claims/Benefits
Erik M. Gustafson
- Wisconsin common law concerning assignments of contracts, including the rights and obligations of an assignee under basic contract law.
- Wisconsin court's treatment and partial enforcement of anti-assignment provisions in insurance policies
- Changes made by recent legislation resulting in Wis. Stat. § 632.11 and how the statute will change assignments in first-party insurance claims
2:45 pm
Break
3:00 pm
Duty to Defend – Back to Basics
David W. McCormack
- The concepts behind the duty to defend in general
- Options when an insurer contests coverage
- Consequences when an insurer fails to provide a defense
4:00 pm