Monte E. Weiss

Attorney Profile

Top Rated Insurance Coverage Attorney in Mequon, WI

Weiss Law Office, S.C.
 | 1017 West Glen Oaks Lane, Suite 207
Mequon, WI 53092
Phone: 262-240-9663
Fax: 262-240-9664
Selected To Super Lawyers: 2014 - 2021
Licensed Since: 1991
Practice Areas:
  • Insurance Coverage (60%),
  • Personal Injury - General: Defense (30%),
  • Personal Injury - Products: Plaintiff (10%)
  • Free Consultation
Attorney Profile

Monte E. Weiss is an insurance defense attorney in Mequon, Wisconsin. Mr. Weiss is the founder of Weiss Law Office, S.C., and represents clients in the Milwaukee metropolitan area and throughout Wisconsin. 

Mr. Weiss has 30 years of experience defending insurance companies against claims involving bodily injury, products liability, property damage and other issues. Over the course of his career, he has successfully represented insurance companies at trial, appearing at the state, appellate and Wisconsin Supreme Court levels.

A leader within his legal community, Mr. Weiss belongs to the Milwaukee Bar Association Court of Appeals Bench-Bar Committee and is a former chairperson of the Amicus Curiae Committee and Insurance Law Committee of the Wisconsin Defense Counsel. He also previously served as co-coordinator for the State Bar of Wisconsin Mock Trial Program. 

Mr. Weiss participates in various professional organizations. He is a member of the State Bar of Wisconsin, the American Bar Association Tort Trial & Insurance Practice Section, the Association of Professional Responsibility Lawyers and the Professional Liability Defense Federation. Over the years, he has spoken for numerous organizations and authored articles for various legal publications.

Recognizing his legal capability and high ethical standards, Martindale-Hubbell awarded Mr. Weiss an AV Preeminent* peer review rating, the highest available rating.

After graduating from the University of Wisconsin-Madison with a bachelor’s degree in history, Mr. Weiss earned his law degree from Case Western Reserve University School of Law. He is qualified to practice law before all Wisconsin state courts, the U.S. District Courts for the Eastern and Western Districts of Wisconsin, the U.S. Court of Appeals for the Federal Circuit and the U.S. Court of Appeals for the 7th Circuit.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Rating™ fall into two categories – legal ability and general ethical standards.

 
Practice Areas
  • 60%Insurance Coverage
  • 30%Personal Injury - General: Defense
  • 10%Personal Injury - Products: Plaintiff
Focus Areas

Insurance, Products Liability

Selections

Selected to Super Lawyers for 8 yearsbottom-image

Super Lawyers: 2014 - 2021

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About Monte Weiss

Admitted: 1991, Wisconsin

Professional Webpage: https://www.mweisslaw.net/our-team/monte-e-weiss/

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
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Office Location for Monte E. Weiss

1017 West Glen Oaks Lane
Suite 207
Mequon, WI 53092

Phone: 262-240-9663

Fax: 262-240-9664

Monte E. Weiss:

Last Updated: 6/1/2021

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