by: Paralegal Sarah Reckling

A frequent issue that arises in insurance is the extent to which a standard CGL policy covers contractor liability. In my most cases, the issue is not of fact, but of liability insurance language. An insurer, regardless of whether the allegations are covered, must provide a defense of the entire lawsuit. If an insurer wrongfully fails to provide a defense, then the insurer is responsible for the damages to the insured (potentially including attorney’s fees). 

An insured can establish a claim as covered under the policy when there is a defined “occurrence,” giving rise to a qualifying “bodily injury” or “property damage.” It is worth noting that exclusions and ambiguities will be narrowly construed against the insurer. 

Commercial trucks are an essential part of the transportation industry and the economy of the United States. They carry goods, materials, and other products throughout the country, ensuring that items can be delivered on time. Unfortunately, truck accidents are a common occurrence on our nation's roads and highways, and inadequate maintenance is one of the leading causes of these accidents. When a truck's equipment is not properly maintained, this can affect the safety of everyone on the road. The accidents that may occur as a result of inadequate maintenance can cause serious injuries and even death. It is important to understand when and how truck maintenance negligence can be a factor in an accident so that victims can be adequately compensated for their losses. 

The Dangers of Poorly Maintained Trucks 

Commercial trucks are large, heavy vehicles that require regular care and attention to keep them in good working order. Unfortunately, some trucking companies fail to adequately maintain their fleets, putting drivers—and other road users—at risk of harm. When trucks are not properly maintained, they can have serious mechanical issues that make them hard to control. Truck drivers who are unable to operate their vehicles safely due to equipment failure may be unable to avoid collisions with other vehicles or pedestrians. 

The Federal Motor Carrier Safety Administration (FMCSA) requires all commercial motor vehicles to have regular inspections and maintenance in order to ensure they are safe for travel. Truck drivers must visually inspect their vehicles during transit to identify any issues that need to be addressed, and regular maintenance must be performed by trucking companies to ensure that all systems are working correctly. There are a number of common examples of inadequate maintenance that can lead to truck accidents, including: 

by: Ray Dall’Osto, Jack McNally & Jason Luczak     

In November of 2022, a major cryptocurrency exchange, FTX, failed and has filed for bankruptcy, resulting in billions of dollars of losses for owners of virtual or crypto currency.  Over the past several years, many people in the United States and throughout the world have invested in cryptocurrency. While some have been able to earn profits by trading these currencies, many others have experienced losses. 

Since the cryptocurrency market is mostly unregulated, those who have lost money have had few options for addressing this issue. To make matters worse, scammers are preying on these victims by claiming that they can help recover money that was lost. In reality, people may suffer further losses if they are caught up in these recovery scams, and they may become the victims of fraud.

By: Attorney Megan Drury

Going through a divorce is difficult enough, but when you suspect your spouse of hiding assets, it can make the process even more complicated and frustrating. Your marital property, which includes all assets and debts that you have acquired during your marriage, should be divided fairly between both parties. Unfortunately, there are many divorce cases where spouses try to unfairly influence the property division process by concealing money or other valuable assets. Here are five common ways spouses may try to hide assets during divorce, as well as some tips on how to uncover these issues:

1. Hiding Money in Offshore Accounts 

One of the most common—and difficult to track—ways people hide assets during a divorce is by transferring funds to overseas accounts. Since these accounts are outside the jurisdiction of the United States, you may be unable to determine their balances, or even whether they exist at all. However, with the help of a forensic accountant or other financial experts, you may be able to uncover improper transfers to these accounts from sole or joint domestic accounts, and your attorney can make sure these issues are addressed correctly during the divorce process.

By: Attorney Jorge Fragoso 

On November 8, 2022, Tony Evers was reelected as Governor of the state of Wisconsin. Since he was originally elected in 2019, Governor Evers has made efforts to grant clemency to people who have been convicted of crimes and are deserving of a second chance. He has granted a total of more than 600 pardons during his time in office, and he has stated that he will continue to pardon convicts during his next term. With this option available to people who have been convicted of criminal offenses, it is important for those who wish to receive clemency to understand the benefits of a pardon and the procedures followed during the pardon process.

Eligibility for Pardons

People who have been convicted of felonies in Wisconsin state courts may request a pardon, and if a pardon is granted, they will regain certain rights, including the right to own and possess firearms, the right to apply for certain types of professional licenses, and the right to run for public office. To be eligible for a pardon, a person will need to meet the following requirements:

By: Attorney Adam Schleis

It is legal to own and possess firearms in the United States and the state of Wisconsin, although there are certain exceptions, such as when a person has been convicted of a felony. However, while the laws regarding gun ownership are clear, firearms may only be used for certain purposes, and certain types of illegal uses of guns may lead to criminal charges. If you are facing charges related to the use of a firearm, you could be facing serious penalties, including jail time and large fines.

Wisconsin Laws Related to the Use of "Dangerous Weapons"

People who own and use firearms are expected to do so in a way that protects the safety of themselves and others. A person may be charged with the offense of "endangering safety by use of dangerous weapon" if they put other people at risk because they operated or handled a firearm negligently. For example, if a person did not take care while carrying or using a gun, such as by failing to use the weapon's safety settings, pointing the gun recklessly at others, or shooting at targets without making sure others were away from the line of fire, they could be charged with this offense. This charge may also apply if a person was under the influence of alcohol or drugs while carrying or using a firearm or if they were on someone else's property and fired a gun within 100 yards of a residential building without receiving permission from the building's owner.

A car accident can be a harrowing experience. In the blink of an eye, your vehicle can be damaged or totaled, and you or your passengers can be seriously injured. Every day, thousands of car accidents occur on roads and highways across the United States. While some of these accidents are caused by weather or road conditions, many are the result of driver error, including violations of traffic laws and actions by drivers that put other people at risk of harm. Here are 5 traffic violations that commonly lead to car accidents:

1. Speeding

Drivers who travel faster than the posted speed limit are more likely to be involved in serious accidents. Speeding makes it more difficult for a person to control their vehicle, and it leaves them less time to react to hazards on the road. Additionally, speeding can increase the severity of an accident by causing vehicles to collide with greater force. According to the National Highway Traffic Safety Administration (NHTSA), speeding is a factor in nearly one-third of all fatal car accidents. 

by: Jason Luczak, Patrick Knight and Ray Dall’Osto

There are a number of criminal offenses that are commonly known as "white collar crimes.”  These generally involve the theft of money or misappropriation of funds and other forms of fraud that are committed using non-violent actions. Wire fraud and mail fraud are related offenses that are included in this category. However, many people are unaware of exactly what wire fraud is and what types of actions can result in criminal charges being filed against an individual or business entity. 

Fraud involves taking another person or entity's money, property, or protected information through deceptive means. Unlike traditional theft or robbery, where the victim does not give consent to being deprived of their property, fraud crimes typically involve deception or false pretenses to obtain a victim’s property, where the victim may have thought the transaction was legitimate.  Wire fraud is a type of fraud that uses communication networks, such as the internet, telephone lines, or email. Depending on the specific nature of an offense, the communication networks used, and the victims involved, a person accused of wire fraud may face either federal charges or state criminal charges and civil liability as well.

By: Attorney Adam Schleis

The ability to attend school and receive a quality education is a right provided to all children in the United States. However, this right can sometimes be affected by disciplinary matters that cause school officials to believe that a student should be removed from school. In Wisconsin, specific procedures must be followed before a student can be expelled, and parents may need to take steps to defend their child and ensure that they will still be able to attend school and receive an education. With the help of an attorney, parents can make the correct arguments in expulsion hearings, and if necessary, they can file an appeal on their student's behalf. By understanding the laws that affect school expulsions, the grounds for discipline in these cases, and the legal procedures that will be followed, parents can make sure their children's rights will be protected throughout every step of the process.

Expulsion Procedures in Wisconsin

In Wisconsin, only school boards have the power to expel students from school. A school may issue a suspension of up to five days, and a student may be suspended for up to 15 days pending an expulsion. Any other long-term period in which a student will not be allowed to attend school is considered an expulsion. If officials believe an expulsion is warranted, an expulsion hearing will be scheduled, and notice of this hearing will be provided to the student and their parent or guardian at least five days in advance. The notice must state the specific grounds for expulsion, which may include:

According to the National Highway Traffic Safety Administration (NHTSA), in 2020, 6,516 people were killed in pedestrian accidents in the United States. This equates to one pedestrian being killed every 81 minutes. In addition, around 55,000 pedestrians suffered non-fatal injuries in motor vehicle collisions. While pedestrian accidents can occur nearly anywhere and at all times of the day or night, there are certain factors that play a role in these accidents more often than others. If you or a loved one have been involved in a pedestrian accident, it is important to understand the most common causes so that you can identify the person or parties who were responsible and pursue financial compensation for your damages. 

Forms of Driver Negligence That Can Lead to Pedestrian Accidents

Because pedestrians are at risk of being seriously injured when they are struck by vehicles, drivers should take care to protect the safety of people who are crossing the street or walking near the road. Drivers who act unsafely or violate traffic laws can seriously injure pedestrians. Some common violations committed by drivers that may result in pedestrian injuries include:

• Distracted driving - Some of the most common—and dangerous—factors contributing to pedestrian accidents involve activities that take a driver’s attention away from the road. This can include anything from talking or texting on a cell phone to looking up directions on a navigation system to fiddling with a vehicle's radio. Even actions as simple as looking at billboards or objects on the side of the road can distract a driver and put pedestrians in danger.

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