We've Got You Covered: Insurance Coverage in Wisconsin 2024

When the Agent (Allegedly) Errs: Reformation and Agent Negligence in Wisconsin

Erik M. Gustafson

• When an insured asserts that the agent failed to procure proper coverage, the insured can pursue the insurer, agent, or both.
• Where the insured prevails on a reformation claim, the insurer has limited rights against the agent.
• Reasonable care for an agent varies depending on the relationship.

Coverage Case Law Update

Nicole R. Radler

• Summarize recent appellate decisions involving insurance coverage issues, including:
• Whether the integrated systems analysis should be employed with respect to an initial grant of coverage
• Whether ambiguities in policy language will be construed in favor of coverage
• Whether “occurrence”-based policies afford coverage for damages caused, in part, by an underlying intentional act

Break

Establishing an initial grant of coverage under a CGL policy

Daniel Joseph Hollis, April Toy

• During this session, you will learn the basic elements necessary to establish an initial grant of coverage under a commercial general liability policy. In particular, we will discuss:
• What is an “occurrence.”
• What constitutes “property damages.”

Lunch (on your own)

PFAS and Insurance Coverage: Considerations and Updates on Recent Coverage Rulings

Alexander C. Lemke, James M. Sosnoski

• Examine the scope of PFAS litigation and common liabilities for insureds
• Claims that are being filed against insureds
• Regulatory liability and tort liability
• Evaluate common insurance considerations/issues within the PFAS context
• Is coverage triggered? Occurrences in the PFAS Context, Property Damage
• Do any exclusions apply? Known loss doctrine, Expected and Intended Exclusion, Pollution Exclusion
• Examination of other common insurance coverage issues inside the PFAS context
• Review recent insurance coverage decisions impacting coverage for PFAS related claims

Bad Faith Trends

Joshua B. Cronin, Mollie T. Kugler

• Identify the circumstances that could lead to bad faith claims in third-party contexts
• Spot warning signs of bad faith “set ups” by third parties
• Develop an action plan to respond to and contain bad faith “set ups”
• Review emerging bad faith issues and trend in the third-party liability claims context

Break

Insurers on Offense: Claims and Defenses When the Insurer Sues the Insured

Caleb R. Gerbitz, David W. McCormack

• An overview of declaratory judgment actions
• Claims commonly found in declaratory judgment actions (duty to cooperate, notice, etc.)
• Insured misconduct claims (rescission, fraud)

Program Concludes