In 2021, the WDC Amicus Curiae Committee filed an amicus brief with the Wisconsin Supreme Court in support of WDC member and Past President Andrew Hebl and his client, State Farm, in Brey v. State Farm Mutual Automobile Insurance Company.[i] The Amicus Committee determined that support of State Farm and its arguments regarding policy interpretation under Wisconsin’s omnibus statute, Wis. Stat. 632.32, furthered the goals and mission of WDC and its members. On February 15, 2022, the Wisconsin Supreme Court issued a unanimous opinion in Brey adopting the arguments of the defense and amicus parties. Editor’s Note: For a detailed discussion and analysis of the Brey opinion, see Page 22

In 2021, the WDC Amicus Curiae Committee filed an amicus brief with the Wisconsin Supreme Court in support of WDC member and Past President Andrew Hebl and his client, State Farm, in Brey v. State Farm Mutual Automobile Insurance Company.[i] The Amicus Committee determined that support of State Farm and its arguments regarding policy interpretation under Wisconsin’s omnibus statute, Wis. Stat. 632.32, furthered the goals and mission of WDC and its members. On February 15, 2022, the Wisconsin Supreme Court issued a unanimous opinion in Brey adopting the arguments of the defense and amicus parties. Editor’s Note: For a detailed discussion and analysis of the Brey opinion, see Page 22.

Any WDC member (or others who believe WDC is an appropriate amicus curiae—Latin for “friend of the court”) can request support from the Committee. When an appeal presents facts and issues important to WDC and its members, the Committee will offer its support. If a request is accepted, the Committee will work to enhance arguments made on appeal, by developing finer points of arguments and/or presenting new arguments from a different viewpoint. Since Brey, the Committee has petitioned to file non-party briefs in two other cases, both with the Court of Appeals, with one being accepted and an amicus brief having been filed.

As WDC members, you can support the Amicus Curiae Committee in the following ways:

• Reach out to the Committee about your cases on appeal for which the WDC can serve as amicus curiae to protect the rights of individuals and businesses who are defendants in civil lawsuits.
• Join the Amicus Curiae Committee and volunteer.
• Recruit colleagues to join—whether young lawyers or experienced practitioners—all are welcome!

Author Biography:

Brian D. Anderson is an attorney at Everson, Whitney, Everson & Brehm, S.C. in Green Bay. He practices in the areas of insurance defense, insurance coverage, and medical negligence defense, and handles appeals in state and federal courts. Brian Anderson is an experienced trial attorney who defends insurance companies and insureds, litigates insurance coverage issues, and practices appellate advocacy in state and federal courts.  He also defends physicians and hospitals in civil litigation and administrative actions. Brian graduated with high honors from the Claude W. Pettit College of Law at Ohio Northern University, where he was Editor-in-Chief of the Law Review, a member of the Moot Court Board of Advocates, and was inducted into the Willis Society, the highest academic honor society at the College of Law. Brian began his legal career as the law clerk and legal advisor to the Chief Justice of the Supreme Court of Rwanda. He spent one year living in Kigali and working at the Supreme Court and supporting a USAID-funded project supporting promoting reforms to laws and legal institutions in Rwanda. Prior to joining Everson, Whitney, Everson & Brehm, S.C., Brian was an Assistant Professor of Law teaching international and comparative law subjects, courses in legal research, and a required first-year course at the College of Law at Ohio Northern University. He was also engaged in law reform projects as a rule of law advisor in Eastern Europe, the Balkans, and sub-Saharan Africa.

[1] Brey v. State Farm Mut. Auto. Ins. Co., 2022 WI 7, 2022 Wisc. LEXIS 9, 2022 WL 453473.