Please Join us in Congratulating Brandon Meshbesher and Brian Wood in a Recent Victory at the Wisconsin Court of Appeals

February 24, 2022

The case involved an individual who was accused of posting Plaintiffs’ photographs, along with sexually suggestive and degrading captions about them, on a members-only fetish website. It was a consolidated appeal from two separate lawsuits brought by eight individual Plaintiffs. We represented the Defendant’s homeowners insurer and intervened in the lawsuits to contest coverage. The insured asserted his Fifth Amendment privilege against self-incrimination in response to discovery requests served on behalf of the insurer. We then moved for summary judgment in both cases arguing that invoking the Fifth Amendment violated policy provisions requiring the insured to cooperate in the investigation and truthfully represent all material facts. Both motions were granted and the insured appealed. A three judge panel affirmed the trial courts’ in a unanimous decision. The panel also recommended that the decision for publication in the official reports. The decision contains important statements of law concerning an insured’s duty to cooperate with an insurer’s investigation of a claim or suit and to avoid concealing material information from the insurer. WI Court of Appeals Decision