Choinsky v. Germantown School District, 2020 WI 13. Appellate counsel for carrier in Wisconsin Supreme Court appeal clarifying duty to defend standard in Wisconsin and standard for recovery of attorney fees incurred in litigating coverage issues.
Blesener v. Linton, 2018 WI App 21, 380 Wis. 2d 508, 913 N.W.2d 514. Represented carrier before trial and appellate court in coverage dispute arising out of alleged misrepresentations in sale of real estate.
Old Republic Ins. Co. v. Liberty Mutual Fire Ins. Co., 2015 WL 5794134 (E.D. Wis. J. Randa) (obtained summary judgment ruling that client insurer was not obligated to pay settlement costs incurred by other carrier due to lack of notice).
Smith v. Medical Benefit Administrators Group, Inc., Eastern District of Wisconsin Case No. 09-C-538 (J. Randa) (obtained dismissal of monetary claims in purported ERISA class action against TPA, alleging improper claims handling practices, dismissal affirmed on appeal)
McCarter v. Retirement Plan for the District Managers of the American Family Ins. Group, 2008 US App LEXIS 18808 (lead counsel for retirement benefit plans in ERISA class action lawsuit challenging lump sum provision of plans; won summary judgment dismissing suit and recovering attorney fees from plaintiffs and their counsel).
Johnson Outdoors v. USF&G et al., Eastern District of Wisconsin Case No. 05-C-264 (J. Clevert) (successfully resolved bad faith claim against insurance carrier denying coverage for personal injury claim based on lack of notice)
Olday v. Barneveld School Dist., Dane Co. Case No. 02-CV-2591 (secured summary judgment of no coverage for sexual misconduct claim)
Rodriguez v. Wineski, Western District of Wisconsin Case No. 05-C-59-S (secured summary judgment for defendants in sexual misconduct claim)
Wistrom v. Employers Ins. Co. of Wausau, Marathon Co. Case No. 98-CV-462 (successfully established that bad faith claims against carriers in workers compensation proceedings are barred by exclusive remedy statute)
Haupt, et al. v. McFarlane Incentive Savings and Profit Sharing Plan, et al., Western District of Wisconsin Case No. 03-C-100 (J. Shabaz) (successfully defended ERISA plan in benefits and breach of fiduciary duty litigation)
Gaiman v. Todd McFarlane Productions, Inc., Western District of Wisconsin Case No. 02-C-48 (J. Shabaz) (Copyright and contract litigation involving rights in comic book works)
Summerlin v. Georgia-Pacific Life, Health & Accident Plan, 366 F. Supp. 2d 1203 (M.D. Ga. 2005) (represented both a plan and a TPA in a case establishing that ERISA pre-empted Georgia's anti-subrogation statute)
Kontowicz v. American Standard Ins. Co., 2006 WI 90 (interpreting statutes relating to imposition of interest on unpaid insurance claims) (amicus curiae counsel for Wisconsin Insurance Alliance and Civil Trial Counsel of Wisconsin)
Westhaven Associates, Ltd. v. C.C. of Madison, Inc., 2002 WI App 230 (establishing standards for liquidated damages clauses in commercial leases)
Fernandez v. Strand, 63 F.Supp.2d 949 (E.D. Wis. 1999) (J.Adelman) (establishing principle in federal court that Wisconsin insurers need not provide defense counsel to insured when complaint fails to allege covered conduct)
Advised national carrier on state laws concerning insurance marketing and compensation in connection with rollout of nationwide affinity marketing program.
Serves as outside counsel to benefits committee of regional insurance carrier, advising on fiduciary and benefits-related issues.
Served as counsel to national bank in breach of fiduciary duty litigation relating to the sale of business by ESOP.
Advises multiple state and national carriers regarding coverage issues arising from the COVID-19 pandemic and best practices in claims handling.
Advised national retailer with regard to the negotiation of a tolling agreement with the U.S. Department of Justice concerning alleged fiduciary breaches in retirement and welfare benefit plans.