These days, more insureds are expressing dissatisfaction with their insurers on first party claims, and third party insureds are tending to assert claims under the Wisconsin Fair Claims statute. Inevitably, this is leading to more claims of bad faith and claims for delay in payment and interest. This, of course, leads to claims for punitive damages, actual attorneys’ fees and costs from the plaintiffs and their lawyers. Once that occurs, claimants and plaintiffs then file suit and seek discovery of insurers’ entire files, including claims files and underwriting files, leading to challenging pleading and discovery issues.

If your company is experiencing an uptick in such claims, and/or simply need advice on how to avoid such claims or how to defend them, we have the resources and experience to assist you in either situation. We have presented seminars on what can be involved and how such claims can be avoided, and we have successfully litigated these types of cases through the Wisconsin Court of Appeals.

Should you have a need in this area or simply have questions about the law or process, please feel free to call us.