Joseph J. Sarmiento IV
Joe has worked on multiple long-tail environmental and asbestos cases where allocation of damages has been a major issue in the litigation. He has also worked on multiple municipality coverage cases including those that have alleged torture and abuse against the City of Chicago and Cook County related to interrogation techniques in the 1980s and early 1990s. In addition, he has worked on Bermuda Form coverage claims and the associated arbitrations under such policies. In particular, his Bermuda Form work has focused on policies issued to major pharmaceutical companies – one of which resulted in Joe participating in a three week arbitration in London in 2013.
Indemnification Agreements in Wisconsin
Ratajczak v. Beazley Solutions Ltd., 870 F.3d 650 (7th Cir. 2017)
Obtained summary judgment holding that our insurer client did not owe the insureds a duty to defend or indemnify against claims for the adulteration of whey protein concentrate because the underlying allegations of fraudulent and deceitful actions by the insured did not constitute an “occurrence.” Affirmed on appeal.
Schueler v. Schoenecker, 2017 IL App (1st) 163377-U
Obtained summary judgment and dismissal with prejudice of claims that our client had breached a non-compete agreement. Affirmed on appeal.
Acuity v. Chartis Specialty Insurance Company
The Wisconsin Court of Appeals unanimously reversed. The Wisconsin Supreme Court then unanimously reversed the Court of Appeals’ decision
Savers Prop. & Cas. Ins. Co. v. Indus. Safety & Environ. Servs., Inc.
3:12-CV-528 RLM (N.D. Ind. March 25, 2014); Obtained summary judgment on the pleadings for an insurer in an environmental contamination case where alleged conspiracy was not a continuing act of the insured that fell after the retroactive date.
Brunswick Corp. v. Allstate Ins. Co.
(Ill. Cir. Ct. 2011); Summary judgment based on late notice of claim involving PCB contamination.
- Wisconsin Super Lawyers® (2017); Wisconsin Super Lawyers® Rising Star (2016)
- CALI Award, Criminal Procedure
- 2015 Up & Coming Lawyer, Wisconsin Law Journal
- November 10, 2017
- Update: Attorneys Michael Cohen & Joseph Sarmiento Win Appeal to the U.S. Court of Appeals for the Seventh CircuitSeptember 7, 2017
- Attorneys Mark Malloy and Joseph Sarmiento to Participate as Panelists in the 2017 Wisconsin Defense Counsel Summer ConferenceAugust 1, 2017
- February 20, 2017
- Attorneys Michael Cohen and Joseph Sarmiento Recognized for Outstanding Appellate Brief in State Bar of Wisconsin CompetitionDecember 21, 2016
- November 11, 2016
- Attorneys Joseph Sarmiento and Dieter Juedes to Present to the Milwaukee Bar Association on Recent Developments Impacting Wisconsin Duty to Defend LawOctober 26, 2016
- June 23, 2016
- October 6, 2015
- May 21, 2015
- Attorneys Michael Cohen and Joseph Sarmiento Obtain Unanimous Decision from the Wisconsin Supreme CourtApril 10, 2015
- August 29, 2014
Speeches & Publications
Speaker, Long-Tail Coverage Issues Related to Corporate Successors, Chicago Bar Association (May 2015)
Speaker, Trending Topics in Business Litigation, State Bar of Wisconsin PINNACLE (2015)
Author, Phishing for Coverage: Insurance Coverage for Phishing Schemes under Computer Fraud Provisions, The Newsletter of the Insurance Law Committee, Defense Research Institute (2017 Issue 9)
- American Bar Association
- Chicago Bar Association