Litigating Coverage Under Wisconsin’s Bifurcation Procedure
Bifurcation is a legal process used in Wisconsin that separates the issue of insurance coverage from the underlying liability and damages claims. This procedure allows the court to first determine whether an insurance policy covers a particular incident before addressing the merits of the case.
Our attorneys at Kramer Shull Reeths LLP are here to guide insurance companies through insurance coverage disputes. We are experienced in handling bifurcated proceedings, ensuring that insurance coverage disputes are resolved accurately and efficiently.
What Is Wisconsin’s Bifurcation Procedure In Coverage Disputes?
In Wisconsin, the bifurcation procedure in coverage disputes involves splitting the legal proceedings into two separate parts. First, the court addresses whether the insurance policy provides coverage for the claim before getting into the details of the actual claim itself. Then, the court can decide if the insurance company has to provide coverage without getting into the specifics of the case. This can help simplify and streamline the legal process, ensuring that coverage issues are settled before any other matters are addressed.
Why Do Courts Bifurcate Coverage And Liability Issues In Wisconsin?
Wisconsin courts bifurcate coverage and liability issues to make sure legal proceedings are clear and efficient. By addressing whether an insurance policy covers a claim first, the court can resolve coverage questions before reviewing the claim details. This separation can help prevent unnecessary legal proceedings if they find the insurance doesn’t cover the claim. That way, both the courts and the parties can save time and resources in litigating the case. It can also ensure that coverage issues are settled independently, avoiding any influence from the specifics of the liability case.
How Does Bifurcation Affect Discovery And Trial Strategy?
Bifurcation can change how lawyers prepare for the trial and gather evidence, a process known as discovery. When a case is split into two parts, with coverage issues being decided before liability issues, discovery on the merits issues is typically stayed, allowing lawyers to focus first on finding evidence related to whether the insurance policy covers the claim. This can streamline the process because it avoids gathering unnecessary information about the details of the claim if it turns out there’s no coverage. By settling the coverage question first, lawyers can save time and resources, concentrating only on what’s necessary for each part of the case. This approach helps in organizing the trial efficiently and can lead to quicker resolutions.
The Role Of Insurers In These Disputes
In a bifurcated coverage dispute, insurance companies are required to provide the insured with a lawyer to defend against liability and damages claims. Simultaneously, the insured may also hire their own attorney to litigate the coverage issue. This means that while the merits of the case are temporarily stayed, the focus is on determining whether the insurance policy provides coverage for the incident in question. If you have any questions about how to approach these complex disputes, reach out to us today and we can address any questions or concerns you may have.
Why Work With Us On These Issues?
With over 100 years of combined experience, our attorneys have successfully handled complex cases statewide, including appeals in the Wisconsin Court of Appeals and the U.S. Court of Appeals for the 7th Circuit. You can rely on our legal team for assertive advocacy and tailored support throughout your case.
Our lawyers emphasize the importance of careful coverage determination and are ready to litigate any disputes that arise. Your priorities are our priorities, and we are committed to pursuing the outcomes you want.
To learn more about what we can do for you, schedule an initial consultation with us today by calling us at 715-203-4534 or completing our contact form.