Top Rated Insurance Coverage Attorney in Mequon, WI

Honors/Awards:

• Martindale-Hubbell: AV Peer Review Rating
• Super Lawyers 2014 - 2017

Bar/Professional Activity:

• Office of Lawyer Regulation, District 2 Committee Member, 2010 - 2018
• State Bar of Wisconsin Mock Trial Tournament, Milwaukee Region, Co-coordinator, 1995 – 2009
• Association of Professional Responsibility Lawyers
• Professional Liability Defense Federation
• Wisconsin Defense Counsel, Amicus Committee Chairperson
• Milwaukee Bar Association, Bench/Bar Court of Appeals Committee
• Wisconsin Defense Counsel, Insurance Law Committee Chairperson
• American Bar Association, Tort and Insurance Section Member
• United States District Court for the Eastern District of Wisconsin
• Wisconsin Defense Counsel (formerly the Civil Trial Counsel of Wisconsin)
• Defense Research Institute, Insurance Law Committee Member
• United States District Court for the Western District of Wisconsin
• United States Court of Appeals, Federal Circuit
• United States Court of Appeals, 7th Circuit
• Wisconsin

Scholarly Lectures/Writings:

• “The Economic Loss Doctrine – A Coverage Defense?” Wisconsin Civil Trial Counsel Journal, Winter 2004.
• “Enhanced Injury Theory as a Defense,” Wisconsin Lawyer, November 1996.
• “Spoliation Of Evidence: A New Defense in Products Liability Cases,” Wisconsin Lawyer, May 1997.
• Book Review: “Falls and Related Injuries: Slips, Trips, Missteps and Their Consequences,” Wisconsin Lawyer, October 2003.
• “The Expansion of the Economic Loss Doctrine Stalls: Tort Claims Based on Service Contracts Are Not Barred,” Wisconsin Civil Trial Counsel Journal, Summer 2005.
• “Equal Voice Confirmed: Worker’s Comp Carriers Can Compel Settlement.”  Wisconsin Lawyer, May 2012.
• “Real Property Transactions: Are Misrepresentations Insurable?” Wisconsin Lawyer, October 2005.
• “Wisconsin’s Economic Loss Doctrine – An Update,” Milwaukee Bar Association – Messenger, November 2005.
• “Appraisal Provision Validated: Setting the Amount of Insured Loss,” Wisconsin Lawyer, February 2010.
• “Lessons from Casper: Expanded Recovery for Injured Litigants.” Wisconsin Lawyer, March 2012.
• “Uninsured and Underinsured Motorist Law – Made Simple”, National Business Institute, December 6, 2017.
• Wick, W. & Weiss, M., “Trial Practice Series – Protecting the Record: To Object or Not to Object, That Is the Question“, Wisconsin Defense Counsel Journal, Winter 2017.
• “What is a Protectable Mark?, A Focused Primer.” Wisconsin Civil Trial Journal, Summer of 2015.
• Piehler, D., Dieckman, A., & Weiss, M., “Pleading the Fifth – Civilly Speaking“, Wisconsin Defense Counsel Journal, Winter 2017.
• Weiss, M. & Cohen M., “A Perilous Decision: Steadfast Explains an Insurer’s Duty to Defend in the Multi-Insurer Context (and the Damages Available against a Breaching Insurer)“, Wisconsin Defense Counsel Journal, Summer 2019.
• What it Means to “Occupy” a Vehicle in Wisconsin, Wisconsin Defense Counsel Journal, Spring 2019
• Weiss, M. & Cohen M., “A Perilous Decision: Steadfast Explains an Insurer’s Duty to Defend in the Multi-Insurer Context (and the Damages Available against a Breaching Insurer)“, Wisconsin Defense Counsel Journal, Summer 2019.
• Crum & Forster Specialty Insurance Company v. DVO: The Importance of Critical Reading and Precise Drafting, Wisconsin Defense Counsel Journal, Spring 2020
• “Common Insurance Coverage Issues In Car Crashes”, State Bar of Wisconsin – Car Crash Symposium, January 18, 2018
• “Avoiding Bad Faith in the Claims Stage – First Party Claims,” Insurance Bad Faith Claims in Wisconsin, Lorman Education Services, March 31, 2006, March 30, 2007 and March 26, 2008.
• “Fire Scene Investigations”, Rural Mutual Insurance Company, April 6, 2017
• “Auto Litigation from Start to Finish”, National Business Institute, May 25, 2017
• “Wisconsin’s Disciplinary Process – An Overview”, Wisconsin Association for Justice, 2016 Summer Seminar, July 16, 2016.
• “Update on Wisconsin Subrogation Law”, Wisconsin Defense Counsel, Spring Conference, April 21, 2016
• “Wisconsin’s Disciplinary Process – An Overview” Wisconsin Defense Counsel Winter Conference, December 4, 2015
• “Duty to Defend Issues” Panel Discussion, Wisconsin Defense Counsel, Spring Conference, April 24, 2015.
• “Avoiding Bad Faith In The Claims Stage” Wisconsin Defense Counsel, Spring Conference, April 23, 2015.
• “Treatment of Payments for Medical Expenses in Third Party and First Party Claims,” Wisconsin Supreme Court – Civil Law Seminar: December 3, 2009.
• “Spoliation of Evidence: Wisconsin Law After American Fam. Mut. Ins. Co, v. Goelke Bros.,” Wisconsin Fire Loss Association, October 13, 2009.
• “Replacement Cost Coverage & The Appraisal Clause: Wisconsin Law After The Farmers v. Union Pacific,” Wisconsin Fire Loss Association, October 13, 2009.
• “Wisconsin Case Law, A Selected Update,” Wisconsin Claims Counsel, May 22, 2008.
• “Avoiding Bad Faith in the Claims Stage,” Insurance Bad Faith Claims in Wisconsin, Lorman Education Services, February 25, 2003.
• “Selected Issues for Worker’s Compensation Training,” Zurich American Insurance Group, Brookfield, Wisconsin, November 3, 2006.
• “The Economic Loss Doctrine, How Far Does it Reach?” State Bar of Wisconsin – Litigation Section Seminar Annual Meeting, May 3, 2006.
• “Getting the Most Out of Your Evidence During Wisconsin Personal Injury Trials,” National Business Institute, Inc., April19, 2005.
• “Application of the Economic Loss Doctrine in the Construction Defect Case,” Defending the Construction Defect Case, Civil Trial Counsel of Wisconsin, April 8, 2005.
• “Insurance Coverage for the Misrepresentation and Breach of Contract Claims,” Defending Against the Claim Related to Sale of Property, Civil Trial Counsel of Wisconsin, April 7, 2005.
• “Avoiding Bad Faith in the Claims Stage,” Insurance Bad Faith Claims in Wisconsin, Lorman Education Services, March 22, 2005 and April 29, 2005.
• “Uninsured and Underinsured Motorist Coverage, An Update,” Wisconsin Supreme Court – Civil Law Seminar, December 1-3, 2004.
• “Wisconsin Insurance Litigation: UM/UIM, Subrogation & Litigating Coverage Issues,” Professional Education Systems Institute, LLC, April 15-16, 2004.
• “The Previously Lost Economic Loss Doctrine,” Civil Trial Counsel of Wisconsin – Fall Convention; September 19, 2003.
• “Common Insurance Coverage Disputes: First Party, Third Party, Advertising Injury, Personal Injury, Contractual Liability, Reinsurance, Retrospective Premium and Subrogation Disputes,” Challenges in Wisconsin Insurance Coverage Litigation, National Business Institute, Inc., August 12, 2003.
• “Issues in Wisconsin Discovery and Summary Judgment Practice,” Milwaukee County Circuit Court, December 15, 1995.
• “A Selected Update on Uninsured and Underinsured Motorist Coverage,” Milwaukee Bar Association, November 12, 2002.
• “Uninsured and Underinsured Motorist Coverage: An Update & Subrogation: An Update,” Wisconsin Supreme Court – Civil Law Seminar: November 21, 2002.
• “Wisconsin Insurance Litigation: UM/UIM, Subrogation, and Litigating Coverage Issues,” Professional Education Systems Institute, LLC, October 10-11, 2002.
• “Avoiding Bad Faith in the Claims Stage,” Insurance Bad Faith Claims in Wisconsin, Lorman Education Services, February 28, 2002.
• “Update on Uninsured and Underinsured Motorist Coverage,” Wisconsin Update on Auto Accident Litigation, Professional Education Systems Institute, LLC, December 18-19, 2001.
• “A Selected Update on Uninsured and Underinsured Motorist Coverage,” Milwaukee Bar Association, September 11, 2001.
• “Subrogation: An Update on Some Recent Subrogation Cases,” Civil Trial Counsel of Wisconsin, Annual Convention 1998.

Verdicts/Settlements:

• Spic & Span, Inc. v. Cont’l Cas. Co., 203 Wis. 2d 118, 552 N.W.2d 435 (Ct. App. 1996)
• Feerick v. Matrix Moving Sys., Inc., 2007 WI App 143, 302 Wis. 2d 464, 736 N.W.2d 172
• Aaron Bain v. Tielens Construction, Inc., 2006 WI App 127, 294 Wis. 2d 318, 718 N.W.2d 240.
• Kevin S. Dalka v. American Family Mutual Ins. Co., 2011 WI App 90, 334 Wis. 2d 686, 799 N.W.2d 923
• Farmers Auto. Ins. Ass’n v. Union Pac. Ry. Co., 2009 WI 73, 319 Wis. 2d 52, 768 N.W.2d 596
• Ins. Co. of N. Am. v. Cease Elec. Inc., 2004 WI 139, 276 Wis. 2d 361, 688 N.W.2d 462
• Everson v. Lorenz, 2005 WI 51, 280 Wis. 2d 1, 695 N.W.2d 298
• American Family Mutual Ins. Co. v. David Golke, 2009 WI 81, 319 Wis. 2d 397, 768 N.W.2d 729
• Steadfast Ins. Co. v. Greenwich Ins. Co., 2019 WI 6, 385 Wis. 2d 213, 922 N.W.2d 71.
• Casper v. Am. Int’l S. Ins. Co., 2011 WI 81, 800 N.W.2d 880
• State Farm Fire & Cas. Co. v. Hague Quality Water, Int’l, 2013 WI App 10, 345 Wis. 2d 741, 826 N.W.2d 412 aff’d 2014 WI 5.
• Casper v. American Int’l. South Ins. Co., 2017 WI App 36
• Rural Mut. Ins. Co. v. Lester Bldgs., LLC, 2019 WI 70, 387 Wis. 2d 414, 929 N.W.2d 180.
• Crum & Forster Specialty Ins. Co. v. DVO, Inc., 939 F.3d 852 (7th Cir. 2019)

Educational Background:

• University of Wisconsin, B.A., History, 1987