By: Erin E. Kaprelian Generic terms—those words that actually name a product or service—are ineligible for trademark protection under current United States trademark law. The United States Patent and Trademark Office (USPTO) decided that adding “.com” to an otherwise generic term was not sufficient to allow trademark registration of the...
By: Brian J. Pfeil and Christopher M. Meuler The restrictions put in place to halt the spread of COVID-19 – such as limiting crowd size, closing restaurants and taverns, and shuttering of professional sports leagues - are critically stressing many of your businesses. One possible form of relief to the financial stress is insurance coverage,...
By: Christopher M. Meuler and Ted A. Warpinski The Wisconsin Supreme Court has issued numerous decisions over the past few years regarding an insurer’s duty to defend its insured under liability insurance. On February 13, 2020, the Court added Choinsky v. Germantown School District, Case No. 2018AP116, 2020 WI 13, where it clarified one of the...
By: Todd Farris, Ted A. Warpinski and Christopher M. Meuler Steadfast Insurance Company v. Greenwich Insurance Company, 2019 WI 9, decided by the Wisconsin Supreme Court on January 25, 2019, adds fire to the ongoing debate among insurance coverage counsel about the consequences of an insurer’s breach of the duty to defend. Does the decision...
By: Elizabeth K. Miles Construction contracts often include a clause that identifies a stipulated or “liquidated” damage amount for unexcused delay. These clauses assess a fixed sum for each day of delay, thereby relieving the owner from proving its actual damages caused by delay. Although generally thought to protect the owner, liquidated...
Environmental Attorney, Ted Warpinski, shared his comments for an article discussing the environmental protections business owners should have when dealing with environmental disasters entitled, Business Owners: Environmental Lawsuits May Sink You. An environmental lawyer may save your Wisconsin business. The author of the article, Benjy Schirm,...
By Todd Farris & Ted A. Warpinski Comprehensive general liability policies (CGL) typically provide protection against both claims for monetary damages (the “duty to indemnify”) and the cost of retaining legal counsel to provide a defense to claims (the “duty to defend”). The insurer has a duty to defend a claim that is arguably covered by the...
By Susan G. Schellinger Federal Appeals Court Clarifies that Wisconsin Supreme Court Did Not Intend to Sharply Curtail Coverage for Wisconsin Manufacturers. On August 8, 2017, the U.S. Court of Appeals for the Seventh Circuit (the federal court that hears appeals from Wisconsin, Illinois and Indiana federal courts) issued a decision that...
By Susan G. Schellinger A slew of lawsuits has plagued the construction industry regarding the use of exterior insulation and finish systems, also known as EIFS or synthetic stucco. Insurance companies were historically required to pay money towards those claims under standard commercial general liability policies. As they did in response to...
By Susan G. Schellinger Although insurance coverage is to be determined by the language of the policy at issue, court decisions addressing standard policy language can, and do, affect whether or not an insurance company will cover a claim. Throughout 2016, Wisconsin courts issued a number of decisions that may have wide-ranging impact on the...
