Wanezek & Jaekels, S.C. - Green Bay WI Lawyers

Life Insurance Policy Exclusions and Beneficiary

David — Fri, 13 Apr 2012 17:50:22 +0000

Many people own term life insurance policies which, like all policies, contain exclusions. Exclusions provide that under certain circumstances benefits are not payable. Often times there is confusion as to whether a certain fact situation involving a death would qualify as a “exclusion.” Insurance companies typically are quite quick to assert the benefit of an “exclusion.” However, often times there is room to argue that the exclusion would not apply and that the benefit should be payable. A circumstance, for instance, might be that a group life insurance policy (a policy provided through work) provides that an employee will not receive benefits if the death involves the employee driving while intoxicated. Such policies often require specific blood test types and blood test results. However, often, it is the case that not only the type of test that is existent and the result of that test do not clearly “exclude benefits.” Another common dispute in life insurance policies is who the beneficiary is. Often time’s beneficiary forms are filled out improperly or in a way that is unclear as to naming the beneficiary. If similar circumstances exist, please contact David at to discuss your case in greater detail. The attorneys at Green Bay, Wisconsin’s Wanezek & Jaekels law firm can help you today!

ERISA Claims and Appeals

David — Tue, 10 Apr 2012 21:57:12 +0000

Many employers offer certain benefits to their employees including group disability policies. Although this offer is very attractive to employees, it is often the case that when an employee actually becomes disabled, the insurance company providing the coverage is reluctant to award the benefits which can be extensive. Often times there is a dispute as to whether or not the applicant meets the definition of “disabled.” If this situation arises, the benefit that the employee expected to receive is often denied by the insurance company. In cases involving employment group disability policies, a special law called ERISA applies. In that circumstance, after the denial is made, the applicant usually only has 180 days to put together an appeal packet. That 180 days is extraordinarily crucial in putting together the packet and submitting an appeal. In most cases, it is advisable to seek legal assistance in preparing the appeal as certain materials must be submitted that would allow the insurance carrier to reach a determination that the claim is covered where the claim is otherwise disputed. Persons experiencing a denial and attempting to deal with the denial themselves without the assistance of a lawyer often fail to submit materials that are crucial for later determination. If the matter is filed in Federal Court, typically you do not get an additional opportunity to submit new materials, or materials that otherwise may serve as a basis to change the outcome of the matter.

Our firm routinely does ERISA type claims and is skilled in preparing appeal packets. Further, if an insurance company continues to deny the claim, our firm also has extensive experience litigating the matter in Federal Court. The attorney at our firm specializing in this area of law is Attorney David D. Daul and he would be happy to assist you in your case.

Discrimination Claims in Wisconsin

David — Tue, 10 Apr 2012 21:54:02 +0000

In Wisconsin, it is illegal to discriminate against a person based upon race, color, creed, ancestry, national origin, age, sex/gender, handicap or disability, arrest/conviction record, marital status, sexual orientation, military service or outside use of lawful products. It is unlawful to treat people less favorably than others because of their “protected class” in employment. The law prohibits discrimination in employment related actions such as recruitment and hiring, pay, promotion, training, demotion, job assignments, leave or benefits, licensing or union membership, lay off and firing, and other employment related actions.

It is also illegal in Wisconsin to retaliate against employees who assert their rights under the fair employment law, the family and medical leave law, and other labor standards law. Further, it is illegal to harass a person because of their sex or because of their particular protected class. Further, engaging in most types of genetic testing or giving an improper honesty test is impermissible under Wisconsin law.

Although there are a few exceptions to the foregoing, it is generally illegal for an employer to discriminate against an employee for any of the foregoing reasons. Our law firm has an active practice in representing both employees and employers in employment discrimination claims. Typically, these claims are handled on a contingency basis, meaning that the employee does not have to pay any attorney’s fees up front. The lawyer’s fees are paid out of any successful recovery of either attorney fees or, in the event of a settlement, a percentage of the settlement.

In particular, our law firm refers such cases to Attorney David D. Daul who has extensive experience in these types of actions. For a free assessment, please contact Attorney David D. Daul directly at 920-437-8191.

New Landlord-Tenant Laws

Greg — Fri, 06 Apr 2012 18:57:41 +0000

The Wisconsin legislature passed a bill and was signed into law by Gov. Scott Walker last month which will have significant changes to the landlord-tenant law in Wisconsin. The new laws became effective on April 1, 2012. This article will provide a breif overview of a few significant changes.

The new law allows for the severability of rental agreement provisions, such that any unenforceable or void provisions may be removed and the remaining provisions of the rental agreement may be enforced. However, there are about eight provisions that can not be included in the rental agreement, and if they are, the entire rental agreement will be void and unenforceable against the tenant.

It will now be easier for a landlord to dispose of a tenant’s abandoned property. Prior law required a landlord to hold the tenant’s property for 30 days after providing a tenant written notice. Under the new law, the landlord can dispose of the tenant’s property immediately provided that the landlord has provided the tenant with this notice in the rental agreement. There are some exceptions to this including prescription medicine and some vehicles.

In certain circumnstances, the landlord will be required to disclose all known housing code violations to the tenant prior to entering into a rental agreement. In addition, in most cases, a landlord must provide a tenant with a standardized information sheet which contains an itemized condition of the property at the time the tenant takes occupancy.

Some other notable changes include: a landlord’s entitlement to receive holdover damages after the tenancy terminates and the tenant has not vacated; new requirements for withholding from a tenant’s security deposit and the timing of the return of the security deposit; and the ability to accept past due rent by a landlord and still maintain an eviction action.

Violations of the new laws may constitute a violation of the unfair trade practices act. This is a very complicated area of law. If you are a landlord or tenant and need legal assistance or a review of your rental agreements, contact Greg Babcock of our office for a consultation.

Breach of Contract Claim Barred by Statute of Limitations

Greg — Wed, 21 Mar 2012 20:42:54 +0000

A corporation that paid more than 26 million dollars for the construction of a resort in the Wisconsin Dells was too late in filing a claim against the construction company alleging defective designs which caused significant water damage.

Almost ten years after the work was completed, the corporation that wanted to bring contract claim against the construction company was barred from bringing the claims due to the statute of limitations.

Under Wis. Stat. sec. 893.89, a person involved in the improvement of real estate can’t be sued after 10 years from the date of substantial completion of the project. However, the Wisconsin Court of Appeals found that the limitation period for a breach of contract claim is shorter. When the action is one for a breach of contract claim, the statute provides that the time limit applicable for contract action applies, which is 6 years. The corporation’s claim could not be heard by the Court because it had been more than six years since the alleged breach occurred. As a result the corporation will likely be unable to recoup any amount of the claimed 26 million of damages against the construction company because the statute of limitations expired.

If your claim is past the statute of limitations, you will be unable to recover the damages that you suffered. Do not let that happen. Contact our attorneys at Green Bay, Wisconsin’s Wanezek & Jaekels law firm if you have a claim against someone for injuries that you have suffered.

Changes in child abuse reporting laws

Greg — Tue, 27 Dec 2011 13:33:15 +0000

The child sexual abuse scandal at Penn State University has caused other states to revisit their laws that aim to protect children from abuse. In Wisconsin, several changes to the mandatory-abuse reporting laws have taken place within the last month in order to provide more protection to children subject to abuse. One of the significant changes is that “school employees” are now mandatory reporters for child abuse. Previosuly, there were about 29 other occupations who were mandatory reporters including social workers, physicians, nurses, school teachers, administrators, and counselors. The requirement to report the abuse is mandatory if the person has reasonable cause to suspect the abuse or if the person has reason to believe the child has been threatened with abuse or neglect. There are some exceptions to the mandatory reporting including some exceptions for clergymen and parents. In addition, those who report in good faith as required may not be discharged from employment, or otherwise disciplined or discriminated agasint with respect to such report. As a “court appointed special advocate” for a child, lawyers are required to report the suspected child abuse. Penalties for failure to report the abuse is a fine of not more than $1,000 or imprisonment of not more than six months or both. A civil case under tort law is also available for the victim and the family. This article is just a general overview of the law with regard to child abuse reporting as this area of the law is complicated and contains many caveats and exceptions. If you have any questions contact Greg Babcock at our office. Greg Babcock practices in the area of family law. Call or email him for a consultation.

Make Sure to Preserve Your Appeal Rights

Greg — Fri, 11 Nov 2011 13:31:31 +0000

For practicing attorneys, it is well known that in order to preserve your right to appeal a particualr issue, you must bring that issue to the attention to the circuit court. This is called the forfeiture rule. However, pro se litigants typically are not knowledgable about the proceedural aspects of the legal system and probably wouldn’t be aware of that fact. However, application of the forfeiture rule is no different for pro se litigants. In Townsend v. Massey, the Wisconsin Court of Appeals found that one does not preserve legal arguments on appeal by simply raising a related issue at the trial court level, even if the person appealing is a pro se litigant. Because of this forfeiture rule, it is even more impotant to ensure that you have capable legal representation at the trial court and appeallate court levels. Contact our firm for assistance with all of your legal needs.

Landlord Rights and Abandoned Property in Wisconsin

Greg — Wed, 07 Sep 2011 11:32:52 +0000

In the course of renting property occasionally people abandon property when they leave. As a landlord it is important to follow the statutorily outlined steps and get a storage lien placed on the items as quickly as possible. A landlord is allowed to charge “reasonable” storage fees to store the plaintiffs stuff assuming he gives the former owner notice. After some time, the landlord can take the items and sell them, recovering the reasonable storage fees and selling expenses. Any excess has to be remitted to either the previous owner or the state. When a lien is placed on the property, it has to be paid before the property can be recovered by its original owner. Placing a lien on the property gives you rights and options that allow you to start earning storage expenses you can recover against when the asset is disposed of. Our firm has extensive experience with liens and property rights. Contact Attorney David Daul or Warren Wanezek for a consultation.

Employees Coming Back to Work After Work Related Injury

David — Fri, 12 Aug 2011 20:48:40 +0000

When an employee gets injured on the job and takes time off to recover, an employer must rehire them unless there is reasonable cause not to do so. Wisconsin Statute 102.35 requires that an employer who refuses to rehire the employee, pay lost wages to the employee when they refuse to rehire them without a showing of reasonable cause. In a case that was decided in July of 2011, the Wisconsin Supreme Court found that if a business could show a reasonable cause for termination than that was all they had to prove. The Wisconsin Supreme Court found that the LIRC had incorrectly read in the accommodation requirements for employees with disabilities because it asked for something more than reasonable cause. The Supreme Court of Wisconsin found that the rehiring provision “does not contain a requirement that employers change their legitimate and universally applied business policies to meet the personal obligations of their employees.” Without a showing of reasonable cause the employer would have to pay. Employers and Employees get into disputes from time to time. Our Firm has extensive experience with employment disputes including return to work issues. Contact Attorney David Daul or Warren Wanezek for a consultation.

Social Media and Legal Actions

David — Tue, 09 Aug 2011 15:29:05 +0000

Social Media is a prominent part of many people’s lives these days. With the advent of these technologies comes a lot of hidden risk. People tweet and post on Facebook about their personal experiences without filtering too much of it. Many people don’t realize that these posts and tweets can be used against them in pending litigation. While you may feel the compulsion to post or tweet about everything that happens to you, you should resist the urge when you get involved with something that could result in pending litigation. These tweets and posts can be viewed as party admissions and used as evidence against you. In this age of technology, social media is increasingly becoming a source of problems for people if they aren’t careful of what they post. With the ever increasing presence of social media in our lives, persons should exercise caution in what is posted on social media sites.