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Nicolet Law managing attorney Russell Nicolet

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Pay and Walk: Will Your Insurance Company Defend You?

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Pay and Walk: Will Your Insurance Company Defend You?

Wisconsin personal injury attorney explaining a "pay and walk" provision to his client

Automobile insurance is an important aspect of life which most people do not pay much attention to until they are in a collision. Unfortunately, when a collision occurs some people may find that their insurance coverage is inadequate and that their insurance company will not defend them throughout the litigation which may ensue.

A recent Wisconsin Court of Appeals decision, Young v. Welytok, 2009AP3015, has reexamined what are known as "pay and walk" provisions which are sometimes found in insurance policies. A "pay and walk" provision is a portion of a policy which states that the insurance company may elect to pay the maximum liability limit of a policy and remove itself from litigation.

In Young v. Welytok, Young was riding a motorcycle and was injured in a collision with the Welytoks' minor daughter. Young initiated a lawsuit against the Welytoks and their insurance company, American Standard. After considering the cost of a trial, American Standard offered to settle with Young for $100,000 (the maximum liability limit of the Welytoks' insurance policy). The only problem with American Standard's offer was that Young was seeking more than $100,000. After American Standard paid Young the $100,000 and sought to remove itself from further litigation the Welytoks cried foul.

In Young v. Welytok, the Appeals Court found that the Welytoks' insurance policy did indeed include a valid "pay and walk" provision. Further, the provision was bold and capitalized, drawing attention to itself. Because American Standard paid out the policy limit, the Welytoks were on their own in regard to any further litigation and damages.

* Please note that this is general information only and not intended to be legal advice. If you have questions or need legal advice please setup an appointment with our attorney, or an attorney of your choosing.

Russell is an attorney with Nicolet Law Accident & Injury Lawyers. Russell represents injured clients in Hudson, New Richmond, River Falls, Prescott, Ellsworth, Roberts, Osceola, St. Croix Falls, Menomonie, Eau Claire, Chippewa Falls and surrounding areas of Wisconsin.

Nicolet Law has offices in Eau Claire, WI, Hudson, WI and Woodbury, MN and handles car accidents and other personal injury claims. For more information call 1-855-NICOLET or visit www.nicoletlaw.com.

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SEE HOW NICOLET LAW MAKES A DIFFERENCE IN OUR CLIENTS’ CASES

CAR ACCIDENT

Result with Nicolet Law 
$1,200,000.00

CAR ACCIDENT

Offer before Nicolet Law
$50,000.00

SEMI-TRUCK ACCIDENT

Result with Nicolet Law 
$700,000.00

SEMI-TRUCK ACCIDENT

Offer before Nicolet Law
$75,000.00

SLIP AND FALL ACCIDENT

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$180,000.00

SLIP AND FALL ACCIDENT

Offer before Nicolet Law
$5,000.00

PEDESTRIAN HIT BY CAR

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$1,050,000.00

PEDESTRIAN HIT BY CAR

Offer before Nicolet Law
$0.00 - denial

DRUNK DRIVING ACCIDENT

Result with Nicolet Law 
$815,000.00

DRUNK DRIVING VICTIM

Offer before Nicolet Law
$0.00

UTV ACCIDENT

Result with Nicolet Law 
$250,000.00

UTV ACCIDENT

Offer before Nicolet Law
$5,000.00
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12 locations in Wisconsin and Minnesota to serve you

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Wisconsin Locations:

EAU CLAIRE:

402 Graham Ave.
Suite 305
Eau Claire, WI 54701

Phone: (715) 835-5959
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HUDSON:

517 2nd Street
Unit #205
Hudson, WI 54016

Phone: 715-226-6158
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LA CROSSE:

119 N 19th St S
La Crosse, WI 54601

Phone: 608-527-0876
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NEW RICHMOND:

1500 Madison Ave.
Suite 220
New Richmond, WI 54017

Phone: 715-226-6164
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RICE LAKE:
337 North Main Street
Rice Lake, WI 54868

Phone: (715) 790-1114
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RIVER FALLS:
215 S 2nd St #20
River Falls, WI 54022

Phone: (715) 716-5869
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SUPERIOR:
1200 Tower Ave.
Superior, WI 54880

Phone: (715) 718-2969
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WAUSAU:
408 3rd Street
Suite 303
Wausau, WI 54403

Phone: (715) 716-5092
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Minnesota Locations:

DULUTH:
306 West Superior Street,
Suite 606 West
Duluth, MN 55802

Phone: (218) 729-0628
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HIBBING:
Howard Court Bldg.
302 Howard Street, Suite 123
Hibbing, MN 55746

Phone: 218-217-0659
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MINNEAPOLIS:
225 South 6th Street
Suite 3900
Minneapolis, MN 55402
Phone: (608) 315-5639
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WOODBURY:
724 Bielenberg Drive
Suite 126
Woodbury, MN 55125

Phone: (651) 815-0017
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