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An elasticity clause in an insurance policy does not implement the 2009 Truth in Auto Law unless the policy was issued or renewed on or after November 1, 2009, the effective date of the Act, as it is not “in conflict with” the terms of policies issued or renewed before the effective date. Wolf v. Am. Family Mut. Ins. Co., No. 2014AP1522-FT (Wis. Ct. App. Mar. 4, 2015).

An obvious gas line leak in the street presented a known and compelling danger which imposed a ministerial duty on the City to act. Therefore, the City had no immunity. Oden v. City of Milwaukee, No. 2014AP130 (Wis. Ct. App. Mar. 3, 2015).

In Advanced Waste Servs., Inc. v. United Milwaukee Scrap, LLC, No. 2014AP1169 (Wis. Ct. App. Mar. 3, 2015), the absolute pollution exclusion clause, found in many Wisconsin insurance policies, applies to bar coverage for any loss involving the dispersal of pollutants, regardless of whether the insured caused the dispersal. This decision is consistent with two other fairly recent Wisconsin cases: Hirschhorn v. Auto-Owners Insurance Co., 2012 WI 20, 338 Wis. 2d 761, 809 N.W.2d 529 and United States Fire Insurance Co. v. Ace Baking Co., 164 Wis. 2d 499, 476 N.W.2d 280 (Ct. App. 1991).

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Firm News

Jardine, Logan & O’Brien, P.L.L.P. is pleased to announce that Elisa M. Hatlevig has been recognized by Super Lawyers for inclusion in the Top Women Attorneys in Minnesota selection. READ MORE

The March JLO Newsletter has been released and is available here.

JLO congratulates Lawrence M. Rocheford on his recertification by the MSBA as a Board Certified Civil Trial Law Specialist. In addition to Lawrence, Leonard J. Schweich is a Board Certified Civil Trial Law Specialist. This is an honor achieved by less than 3% of Minnesota’s licensed attorneys.

Congratulations to Eugene J. Flick, Joseph E. Flynn, Lawrence M. Rocheford, and Leonard J. Schweich who were named to the 2014 list of Minnesota Super Lawyers, a Thomson Reuters business. Click here for additional information about this announcement.

Congratulations to Elisa M. Hatlevig and Jason A. Koch who have been named to the 2014 list of Minnesota Rising Stars by Minnesota Super Lawyers, a Thomson Reuters business.

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Litigation is our primary focus.

Jardine, Logan & O’Brien, P.L.L.P. is a mid-sized law firm with litigation capability comparable to that of the region’s largest law firms. We have the experience and expertise to manage cases of any size or complexity in a variety of practice areas. In addition, our size allows us to practice cost-effectively and give every client our full attention.

Each client’s legal issue is our priority.

Whether representing an individual, an insurance company or self-insured, a large or small business, or a governmental entity: We resolve disputes quickly, ethically, cost-effectively, and with excellent results.

Our mission is to provide excellent litigation services in a manner that fosters trust, honesty, responsibility, accessibility, civility, respect, and creativity.

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