The firm’s insurance coverage group has represented insurers in comprehensive litigation, mediations and arbitrations on a wide variety of complex legal matters. The attorneys in the insurance coverage group are known and recognized, both locally and nationally, as leaders in the insurance coverage arena by not only industry professionals and clients, but also their own peers. The group has collectively litigated coverage disputes throughout the country before state and federal trial and appellate courts, including disputes over insureds’ coverage interests in federal bankruptcy courts and related adversary proceedings. Whether it involves advising or representing clients on a wide range of coverage issues such as general, excess and umbrella liability, environmental liability, products liability, property coverage, professional liability, health care liability, tort liability, directors and officers liability, bad faith liability or reinsurance, the group has been involved in many high-profile and high-stakes coverage matters that have helped shape the legal landscape of coverage law in Wisconsin and across the country.
With the ever-growing role that insurance coverage plays in today’s business environment, the insurance coverage group knows that staying current on emerging trends is key to understanding the complex legal issues that are often encountered at all stages of an insurance dispute. The attorneys regularly update, train and advise their insurance clients on important legal and legislative updates that impact the insurance industry as a whole. Specifically, the group’s litigation head, Michael J. Cohen, has appeared before both the state assembly and senate on behalf of the insurance industry in opposition to proposed legislation regarding insurance coverage for the clean-up of the Fox River and other navigable rivers in Wisconsin. No matter what stage of the dispute, our clients look to us for innovative, practical, and effective representation to achieve superior results, often in opposition to some of the largest businesses in the country.
- Update: Attorneys Michael Cohen & Joseph Sarmiento Win Appeal to the U.S. Court of Appeals for the Seventh CircuitSeptember 7, 2017
- August 15, 2017
- Attorneys Mark Malloy and Joseph Sarmiento to Participate as Panelists in the 2017 Wisconsin Defense Counsel Summer ConferenceAugust 1, 2017
- May 24, 2017
- Video: Common Mistakes Insureds Make That Jeopardize Coverage Under Their Insurance Policies - Attorney Pamela TillmanMarch 10, 2017
- February 20, 2017
- Attorneys Michael Cohen and Joseph Sarmiento Recognized for Outstanding Appellate Brief in State Bar of Wisconsin CompetitionDecember 21, 2016
- December 19, 2016
- November 1, 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
- Attorney Mark Malloy to Present on Insurance Coverage Law via National Business Institute Live Audio WebinarSeptember 27, 2016
- August 15, 2016
- Attorney Mark Malloy to Present on Insurance Bad Faith Claims via National Business Institute's Live TeleconferenceJune 6, 2016
- November 12, 2015
- Attorneys Scott Brunner and Brian Tokarz to Present on "Negotiating Indemnification in Commercial Leases" via National Business Institute Live TeleconferenceOctober 14, 2015
- October 6, 2015
- Mark Malloy Recognized as a Premier 100 Trial Attorney in Wisconsin by the American Academy of Trial AttorneysSeptember 18, 2015
- August 24, 2015
- Attorneys Brian Tokarz and Matthew Fisher to present at the National Business Institute on Construction Defect Insurance Coverage IssuesJuly 28, 2015
- July 13, 2015
- June 25, 2015
- May 21, 2015
- April 29, 2015
- April 28, 2015
- Attorneys Michael Cohen and Joseph Sarmiento Obtain Unanimous Decision from the Wisconsin Supreme CourtApril 10, 2015
- January 8, 2015
- November 18, 2014
- October 31, 2014
- Attorneys Malloy and Fisher Obtain Favorable Insurance Coverage Decision From Wisconsin Court of AppealsOctober 3, 2014
- March 28, 2014
- July 9, 2013
- January 1, 2013
- Attorney Joseph Sarmiento Authors Article “Phishing for Coverage: Insurance Coverage for Phishing Schemes Under Computer Fraud Provisions” for the Defense Research InstituteOctober 16, 2017
- July 13, 2016
- May 12, 2016
- Attorney Pam Tillman Co-Authors Wisconsin Chapter for the Defense Research Institute’s Insurance Bad Faith: A Compendium of State LawNovember 17, 2015
- November 1, 2015Journal of Passthrough Entities (November-December 2015)
- February 7, 2014
- April 15, 2013Wisconsin Civil Trial Journal
Menasha Corporation v. Employers Insurance of Wausau, et al.
Winnebago County Circuit Court, Wisconsin (2007-2012). A complex environmental insurance coverage action arising out of a separate lawsuit regarding potential joint and several liability of all parties responsible for historical PCB contamination of the Lower Fox River and its current remediation. One of the parties allegedly responsible for this contamination and liability was our liability insurer client’s long-time insured, which was demanding coverage from our client, among other insurers. After substantial discovery and motion practice, a settlement was reached prior to trial.
Fireman’s Fund Insurance Company v. CNH Capital America LLC, DuPage County Circuit Court, Illinois (2012)
(return premium payment dispute; case settled during pending parallel venue motions)
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.
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
Cargill, Inc. v. Ace American Insurance Company, et al.
784 N.W.2d 341 (Minn. 2010). A complex environmental insurance coverage action in which the client, a nationally renown liability insurer, obtained summary judgment in its favor, with such decision being affirmed by the Minnesota Court of Appeals and then, on other grounds, by the Minnesota Supreme Court. In doing so, Attorneys Michael Cohen and Thomas Hruz convinced the Minnesota Supreme Court to overrule a 43-year-old precedent and create new law on contribution rights between insurers as to their duty to defend an insured, all in a manner favorable to our client and insurers generally.