Duty to Defend: A Foreword

WDC Journal Edition: Summer 2019
By: Monte Weiss, Weiss Law Office, S.C

This is a very special issue of the Wisconsin Civil Trial Journal. While past issues have included articles on a host of different topics, this issue does not. Rather, this issue is dedicated to a single topic: the duty to defend. There have been several recent decisions that have shaped the contours of this defense duty, including what does – and does not – constitute a breach of the duty, and potential penalties associated with a breach of the duty to defend.

The articles in this issue were authored by Members of the Wisconsin Defense Counsel’s Insurance Law Committee. The articles are written from a unique perspective, as most were written by the attorneys who were actually involved in the particular case discussed in each article. As a result, the reader is afforded an interesting vantage point in which to understand the signi cance of the decisions. While the articles have been written, for the most part, by counsel involved in the case, the articles do not purport to be the opinions of the clients that the attorneys represented, nor necessarily the opinions of the attorneys themselves. These articles were written to further one of the founding principles of the Insurance Law Committee: to help the bench and the bar understand insurance coverage issues.

As the Chair of the Insurance Law Committee, I wish to thank the authors for their hard work in preparing these articles and to the Journal’s editor for his work in nalizing the articles for publication. I hope all who read this issue nd the content helpful in understanding what has been, and continues to be, an important part of Wisconsin insurance law.