By:  Attorney Chris Strohbehn

Insurance companies across the country do not like to pay claims. Here in Wisconsin, it is no different. 

Once your business is on notice of a loss or a legal claim against it, you should consult with our Milwaukee counsel or notify your insurance company.  While the insurance company will start the claims process and open a file, it is also likely that the company will evaluate whether it can avoid coverage based on the terms and conditions of its policy. 

By Attorney Chris Strohbehn

If you or your business is the subject of a claim or lawsuit, and you have insurance, there is a good chance you might receive one of these letters from the insurance company. What is a “reservation of rights letter,” and how does it impact you or your business?

Often, an insurance company is willing to provide a defense to these claims to protect its insured, as well as the company’s own interests in mitigating damages or disputing liability. However, some of these interests can come into conflict when the insurance company discovers pursuant to its review of the file or further investigation that it may not cover some or all the claims against you or your business in a lawsuit. 

The COVID-19 pandemic has had far-reaching economic impacts throughout the United States and Wisconsin. However, with funding assistance from the Federal Coronavirus Aid, Relief, and Economic Security (CARES) Act, Governor Tony Evers and his administration continue to invest in communities and industries throughout the state to promote resiliency and recovery. As of August 2020, the State of Wisconsin has launched a website allowing the public to see how these funds are actually being allocated to different assistance programs and initiatives. This continues Governor Evers’ commitment to more transparency in government.

How Relief Funds Have Been Used

The Governor’s Office reports a total of $1.72 billion in investment so far, with the following programs each receiving funding in the tens of millions or more:

• Routes to Recovery local government reimbursement: Wisconsin has dedicated $200 million in relief funds to aid counties and tribes throughout the state in their response to the pandemic, including emergency operations, personal protective equipment, testing and contact tracing, cleaning and sanitation supplies, and sick leave for public health and safety employees.
• Wisconsin Rental Assistance Program: This program provides up to $3,000 in assistance to eligible Wisconsin residents for the payment of rent and security deposits.
• Hospital funding: This funding assists hospitals in their care of patients with COVID-19 as well as other medical conditions that require treatment in a hospital.
• Healthcare provider payments: An investment of $110 million throughout the state helps ease the burden of emergency medical services providers, long-term care providers, and home- and community-based service providers.
• Wisconsin Farm Support program: This program allows eligible Wisconsin farmers to apply for aid to relieve economic hardship and continue producing food that so many throughout the state and nation rely on.
• Food Security initiative: This plan helps food banks and other nonprofit organizations continue to provide food for families in need while maintaining health and safety standards and prioritizing relationships with Wisconsin farmers and food producers.
• Higher education funding: This investment helps colleges and universities cover expenses related to COVID-19, including increased remote learning and campus health and safety.

By Attorney Chris Strohbehn and Attorney Russel Karnes

https://www.youtube.com/watch?v=lMlwuB5yJQ4&list=PL1mhkUswAfWZt5ugyTIyQKAvIfT7qxtFL&index=25&t=15s

Business interruption insurance helps replenish lost income and pay for additional expenses when a business is affected by a fire, natural disaster, or break-in. Typically, business interruption insurance involving a pandemic, such as COVID-19, is uncommon. However, with thousands of businesses throughout the state affected by coronavirus, the state of their current affairs remains uncertain. It is important to understand how business interruption coverage can protect your Wisconsin business, so you are prepared for the future.

By Attorney Jaclyn Kallie

The impact of the COVID-19 outbreak continues to escalate each day. Issues continue to arise both due to the outbreak itself and as a result of our response to it. We will continue to monitor the legal implications of the pandemic and help address legal and practical issues that may arise during this challenging time.

The COVID-19 pandemic presents multiple different types of potential contractual issues.  Of particular importance is a force majeure clause that may be present in a contract. A force majeure clause is intended to address a potential “force of nature” disruption that may excuse performance of a contract. Even if a contract does not have a force majeure clause, it may still be possible to excuse performance under other legal theories, including frustration of purpose.