Elizabeth K. Miles
Davis|Kuelthau’s Insurance Coverage Practice Team has helped businesses, municipalities, school districts and individuals collect millions of dollars from insurance companies and insurance brokers after their claims had initially been denied. We understand the types of insurance coverage available, counsel clients about types of coverage they need, make claims which will most likely obtain coverage and, if necessary, litigate to get the insurance dollars to which our clients are entitled.
We have experience in a wide variety of insurance coverage issues, including commercial general liability, stop-loss, aviation, property, construction, environmental, directors and officers, worker’s compensation, life, health and disability, and professional liability. Our innovative team has helped shape the ever-developing law regarding insurance coverage in Wisconsin, handling cases that have yielded precedent-setting decisions at the highest level of the Wisconsin court system.
- When the Southeast Wisconsin Professional Baseball Park District was created to build Miller Park, the District turned to us to help it procure appropriate insurance coverage for the massive construction project. When the “Big Blue” crane collapsed, we worked closely with the District, the Brewers and the construction managers to ensure all parties were “made whole” under their builders’ risk policies. Additionally, when errors and omissions of the architectural team caused increased costs, we successfully sought recovery from the applicable professional liability policy. Worker’s compensation disputes also arose, and our attorneys helped the District save hundreds of thousands of dollars in retroactive premium charges. When the builder of the retractable roof made claims against the District for extra work performed, Davis|Kuelthau successfully negotiated for the District’s commercial general liability carriers to pay nearly all of the cost of the extra work as well as the legal costs of defense.
- When the insurer denied the claims of a school district that was self-insured for its employees’ health benefits, we successfully negotiated a favorable settlement for the client under its stop loss policies, without the need for a lengthy and costly trial.
- We represented the insured in a Wisconsin Supreme Court case that changed Wisconsin law for the benefit of insureds by requiring insurance companies to bear the burden when they fail to clearly communicate with their insureds. The decision also set the rules as to what constitutes a “tender of defense,” making it much easier for the insured to require the insurance company to cover the claim.
- When one of our clients was denied coverage after being sued for racial discrimination, we convinced the 7th Circuit Court of Appeals that commercial general liability policies cover claims for emotional distress damages allegedly resulting from discrimination.
- When one of our clients was sued by the Wisconsin DNR in a previous environmental claim, we obtained a large settlement amount even though the tenders of defense by our client were made, and denied several years prior. We convinced multiple insurance companies involved that a recent Wisconsin Supreme Court decision changed the law in Wisconsin enough so that their basis for denial of coverage several years ago should be re-evaluated and disregarded.
The attorneys who are members of the Insurance Coverage Practice Group possess not only critical analytical skills and substantive knowledge about the laws pertaining to insurance coverage, but are also talented creative litigators accustomed to presenting oftentimes complex and detailed information to judges and juries. We are routinely in court assertively seeking the positive outcomes our clients expect.
Susan G. Schellinger
News & Events
- Davis|Kuelthau’s Breakfast Briefing SeriesSeptember 21, 2022 - Events
- Wisconsin Super Lawyers Selected 14 Davis|Kuelthau Attorneys for 2021November 16, 2021 - Press Releases
- Association of Corporate Counsel Wisconsin Chapter 2021 Annual Conference (ACC-WI)November 4, 2021 - Events
- Next Generation Manufacturing Summit 2021October 12, 2021 - Events
- Attorney Jason Just Joins Davis|Kuelthau’s Litigation Team in Appleton and Green BaySeptember 16, 2021 - Press Releases
- Webinar | Data Breaches, Ransomware and Cybersecurity Attacks: What You Need To Know To Protect Your BusinessJuly 22, 2021 - Events
- Attorney Elizabeth Miles Elected as President of the EDWBAJune 1, 2021 - Press Releases
- Attorney Ryan Wiesner Named Co-Chair of Davis|Kuelthau’s Insurance Practice TeamMarch 19, 2021 - In the News Press Releases
- Wisconsin Super Lawyers Selected 14 Davis|Kuelthau Attorneys for 2020November 17, 2020 - In the News Press Releases
- Wisconsin Super Lawyers Selected 15 Davis|Kuelthau Attorneys for 2019November 11, 2019 - Press Releases
Wisconsin Supreme Court Rules Against Insurance Coverage for COVID-19 Losses
June 3, 2022
What’s Next for Employers: OSHA’s Vaccine and Testing Mandate
November 17, 2021
Safer At Home Overruled – Is It Business As Usual?
May 14, 2020
Guidance for Businesses Resolving Multiple “Shelter in Place” Orders and Differing Definitions of “Essential Business”
March 25, 2020
Business Interruption Insurance for COVID-19
March 18, 2020
Wisconsin Supreme Court: “Retroactive Defense” Can Satisfy An Insurer’s Duty to Defend
February 21, 2020
New Wisconsin Supreme Court Decision Scales Back the Consequences of One Insurer’s Breach of the Duty to Defend Where Multiple Carriers Provide Overlapping Coverage
February 12, 2019
Liquidated Damages for Delay: Contract Considerations for Owners and Contractors
September 17, 2018
Ted Warpinski Quoted in Super Lawyers Article: Business Owners: Environmental Lawsuits May Sink You
May 31, 2018
New Wisconsin Court of Appeals Decision Highlights the Importance of Policy Language in Determining When Umbrella and Excess Insurers Have a Duty to Defend a Claim Against an Insured
May 9, 2018