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. 

By Attorney Chris Hayden

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:

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.

By Attorney Jaclyn Kallie

Courts in each county, as well as the Eastern and Western Districts of Wisconsin, have responded differently to COVID-19 by implementing a variety of measures that are affecting existing and contemplated civil litigation matters. We are continuing to monitor these announcements and are committed to providing you with the most up-to-date information as it becomes available. Most notably, on March 22, Justice Bradley issued an order suspending all civil jury trials scheduled prior to May 22 and temporarily suspending all in-person proceedings statewide, with certain limited exceptions. Many hearings and court conferences can and will continue to occur by remote attendance. Likewise, mediations and depositions can also be conducted remotely. While remote technology can provide an alternate solution to certain aspects of litigation, not every court will be as sympathetic as others with regard to extensions, and parties need to remain mindful of existing deadlines. 

Last week, Governor Tony Evers instituted a Stay-At-Home Order, ordering the non-essential workforce to stay at home. While necessary to fight COVID-19, the governor’s order will have significant and wide ranging legal consequences.