Wisconsin Insurance Coverage Lawyers: Experienced Representation For Coverage Litigation And Insurance Policy Analysis

Our attorneys at Kramer Shull Reeths LLP are experienced in handling a broad range of insurance coverage disputes, providing reliable counsel and strategic advocacy for insurers, individuals and businesses. They craft efficient and personalized legal solutions designed to achieve prompt and positive resolution of our clients’ insurance coverage issues.

Our coverage lawyers have an exceptional track record of favorable coverage rulings and a deep understanding of insurance law that few attorneys can match. Our coverage team provides comprehensive, reliable policy analysis and strategic advocacy for contested coverage claims. Our location in central Wisconsin allows our lawyers to effectively represent our clients in coverage lawsuits throughout the entire state. We also welcome inquiries from in-state attorneys looking for co-counsel and out-of-state lawyers seeking local counsel for actions taken in Wisconsin.

Attorneys That Understand The Insurance Industry

Our insurance coverage lawyers achieve timely and effective solutions to insurance coverage disputes. They are familiar with industry practices and trends and have extensive experience with a variety of policies, coverages and coverage issues.

Our attorneys provide coverage opinions at the claims stage, thoroughly researching and evaluating potential coverage issues, understanding complexities and anticipating obstacles that less-experienced lawyers might fail to recognize. When they are hired as advocates to establish coverage, our lawyers’ insight into the insurance claims process and knowledge of insurance policy law help them provide astute and productive representation.

Skillful Advocacy For Insurance Coverage Disputes

Insurance coverage disputes can arise in a variety of contexts. Our attorneys routinely represent clients in policy coverage disputes involving:

• Automobile insurance
• Homeowners insurance
• Landlord and renter insurance
• Farm and ranch insurance
• Commercial general liability (CGL) insurance

Well-versed in the construction and interpretation of insurance policies in Wisconsin, our team is skilled in analyzing the effect of coverage clauses and exclusions, other existing policies and priority of coverage provisions.

Our experienced trial attorneys are aware of the time and costs involved in litigation. They approach every case with an eye toward efficient resolution. In lawsuits involving coverage issues, they will evaluate whether the complaints trigger a duty to defend and provide a prompt and thorough coverage analysis. When appropriate, our lawyers will seek bifurcation and stay of the merits issues in order to have coverage determined first and file for declaratory judgment early in the case. Should a coverage trial become necessary, you can rely on our team to be your seasoned advocate in the courtroom.

FAQ Regarding Insurance Coverage Disputes

Below are answers to some of the most common questions we get from our clients.

How do I challenge an insurance claim denial or coverage reservation in Wisconsin?

If you are facing an insurance claim denial or a reservation of rights in Wisconsin, you can take the following steps to challenge it:

1. Review the denial letter: Make sure that you understand the reasons given for the denial or reservation and any specific policy provisions cited.
2. Understand your policy: Take a careful look at your insurance policy to understand the coverage, exclusions and conditions. Make sure that you pay close attention to the sections related to your claim.
3. Gather documentation: This documentation can include correspondence with the insurer, photos, reports, receipts and any other evidence that could support your claim.
4. Contact your insurer: Discuss the denial or reservation of rights with your insurance company. Ask for clarification on the reasons for the denial and about any additional information it needs. 
5. Submit a formal appeal: Provide a detailed explanation of why you believe that the insurer should cover the claim. Also, make sure to provide any additional evidence or arguments that support your position.
6. Consult with an attorney: As lawyers with extensive experience in insurance law, our team can provide advice on the strength of your case, help you understand your legal rights and negotiate with the insurer to help you seek the coverage you deserve.
7. File a complaint with the insurance commissioner: If your appeal is unsuccessful, then you can file a complaint with the Wisconsin Office of the Commissioner of Insurance. It can investigate your complaint and provide assistance.
8. Consider legal action: If all other avenues fail, you may consider filing a lawsuit against the insurance company. This should be a last resort and done with assistance from knowledgeable and qualified legal counsel. 

Our lawyers can help you with all these steps and ensure that you pursue your claim within Wisconsin’s statute of limitations.

What policy exclusions most commonly lead to coverage disputes, and how are they interpreted?

When it comes to insurance coverage disputes in Wisconsin, several policy exclusions can result in disagreements between insurers and policyholders. Are a few examples of those exclusions and their interpretations include the following:

• Intentional acts: Insurance policies typically exclude coverage for willful or criminal acts. Disputes can arise over whether an act was deliberate or accidental, which can affect coverage.
• Business activities: Personal insurance policies often exclude coverage related to business activities. If the policy language is ambiguous or unclear about which activities are business-related, it can lead to a dispute. 
• Contractual liability: Many insurance policies exclude liability assumed under contract, unless the liability would exist without a contract. Interpretation of this exclusion, especially in complex commercial settings, can lead to conflicts between both parties.
• Pollution and environmental exclusions: Pollution and environmental exclusions are standard in liability policies and can have broad interpretations. For example, each party’s interpretation of what “pollution” is can be a point of contention between insurers and policyholders.
• Wear and tear/neglect: Property insurance policies often exclude damage due to wear and tear, gradual deterioration or neglect. Insurers and policyholders frequently disagree over what constitutes wear and tear or accidental damage. 
• Exclusions for specific perils: Some policies may exclude coverage for particular perils, such as floods or earthquakes. These exclusions can become contentious if the cause of damage is not clear-cut.

Interpretation of these exclusions can vary based on the specific language of the policy and the circumstances of the claim. Wisconsin courts often interpret ambiguous terms in favor of the insured, which holds that any policy ambiguity should be resolved.

If you are dealing with any of these coverage disputes, we can provide you with the experienced and robust insurance defense counsel you need, no matter how complicated the situation is. 

When is it appropriate to file a declaratory judgment action to resolve a coverage issue?

In Wisconsin, filing a declaratory judgment action can be appropriate for clarifying insurance policy rights and obligations. Here are some situations in which you may consider doing this:

• When the policy terms are ambiguous: If the insurance policy contains vague language and parties have different interpretations, then a declaratory judgment can help clarify each side’s rights and duties.
• Coverage denial: If an insurer denies coverage and the policyholder disputes this denial, a declaratory judgment can help determine the insurer’s level of obligation to provide coverage.
• Dispute over exclusions: When parties disagree on whether a particular exclusion applies to a claim, a declaratory judgment can help provide clarity and guidance.
• Potential liability: If a policyholder faces a lawsuit and an insurer is uncertain whether they have a duty to defend or indemnify, a declaratory judgment can help clarify these responsibilities before parties engage in a legal dispute.
• Multiple insurers: If numerous insurance policies or insurers are involved and it’s unclear which policy applies or how coverage gets allocated, a declaratory judgment can provide answers and guidance to these issues.
• Preemptive resolution: Parties can file a declaratory judgment to resolve coverage disputes and avoid prolonged litigation proactively. 

We can provide experienced guidance based on the details of your case and applicable legal principles. If you have additional questions, you can call our Wausau office. 

Contact Our Office For A Consultation

If you are involved in an insurance coverage dispute, contact Kramer Shull Reeths LLP to discuss your case by calling 715-203-4534 or reaching us online.