Phia Group Russo & Minchoff

Seventh Circuit Appellate Court Decision: Stop-loss v. Reinsurance

Adam V. Russo | June 9, 2008

A Federal Court of Appeals verdict reversed the decision of both Wisconsin arbitrators and the Federal District Court in Edstrom Industries Inc. v. Companion Life Insurance Co., No. 07-2165, where the arbitrator and trial court failed to apply Wisconsin law holding that stop-loss insurance is not considered to be “reinsurance”.

Wisconsin Federal District Court sustained an arbitrator’s decision in a stop loss case between the group Edstrom Industries and its stop loss carrier.  The arbitrator had ruled in favor Of Companion Life, holding that Edstrom failed to disclose information to its stop-loss carrier, Companion Life, concerning a seriously ill dependent child. (more…)

WI Supreme Court Rejects Made Whole Doctrine

Adam V. Russo | June 5, 2008

The Wisconsin Supreme Court held in Muller v. Society Insurance Co., decided May 30, 2008, that when an insured and an insurer separately settle claims with a responsible third party, the insured may not seek to recover funds obtained by the insurer from the insurer, even if the insured wasn’t “made whole” by their settlement. (more…)