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Wisconsin dispute over hail damage claim headed to court

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Wisconsin dispute over hail damage claim headed to court


A dispute over a hail damage claim prompted one family to write to Contact 6. Months later, their case is headed to court.

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Their attorney is arguing their damage should have been covered by insurance.

Even since the clouds rolled in and the hail beat down, Nicole Maziasz has been riding out the storm with State Farm Insurance.

“Every time I hear, “like a good neighbor,” I think, I would not like neighbors like that,” said Maziasz.

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On April 19, 2023, a hailstorm blew through Washington County. In Jackson, Maziasz went out to survey the damage.

“We saw our back patio just peppered with granules,” said Maziasz.

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The granules were from her roof’s shingles. Her trusted contractor confirmed hail damage to her roof. A State Farm adjuster who visited the house agreed there was hail damage.

The State Farm adjuster didn’t walk the back half of the roof because he said it was too steep. State Farm sent out a second adjuster who came to a different conclusion about their roof.

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“He came down and said there was no damage,” said Maziasz.

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Contact first spoke with Masiasz and her husband in January. They said that State Farm was low-balling their roof damage claim. They have a $31,000 estimate for hail damage repair from one company. Maziasz says State Farm found just $700 in damage.

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At the time, State Farm told Contact 6 it “seeks to provide our customers all benefits to which they are entitled within the terms of the insurance policy.”

“They just dug in their heels,” said Maziasz.

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After Contact 6’s report aired, Maziasz heard from other people having similar experiences with State Farm. One of them had a lawyer. Maziasz called him.

“He said “you definitely have a case,” said Maziasz.

Ryan Graff is a founding partner at MGW Law in Manitowoc. He’s also a former insurance defense lawyer.

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“One of my biggest clients was, you guessed it, State Farm,” Graff told Contact 6.

Graff says he left that job to represent policyholders. Graff says a disproportionate number of his cases are against State Far.

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“Since 2020, I have sued State Farm over residential roof claims over 50 times. Probably closer to 75,” said Graff. “All other carriers combined wouldn’t equal that number.”

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Graff filed a civil suit against State Farm in Washington County on behalf of the Maziasz family. It accuses State Farm of breach of contract and bad faith.

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The suit argues a disconnect between what State Farm’s policy says it covers for hail damage and how it trains its staff to identify it. The suit says that State Farm is “wrongfully and improperly using a standard definition of hail damage to asphalt shingles that is not found anywhere in the policy.”

“And, we’re not going to recognize pure granular loss as hail damage covered by the policy,” said Graff. “Some carriers do it infrequently. State Farm does it constantly.”

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Graff says it’s an argument that’s helped him win cases before.

“There is this macro trend in insurance. They’re covering less,” said Graff.

Graff is also representing Don and Donia Groves in a civil suit against State Farm. The Groves told Contact 6 in January that their roof was damaged by the same April 19 storm in Hartford. Multiple contractors gave the Groves damage estimates about $20,000 or higher. State Farm sent the Groves a check for $6,087, but later increased  the amount to $9,860.

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In response to the Maziasz lawsuit, a State Farm spokesperson told Contact 6:

“State Farm is focused on being there for all our customers and is committed to paying what we owe. We’re prepared to share the facts and bring clarity and context to this matter. Since the matter is now in litigation, the appropriate place to do that is in a court of law.”

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The Maziasz family says it paid about $30,000 for a new roof. Then, they switched insurance providers. When Maziasz handed over her case to Graff, you could say, the clouds parted.

“It was a huge relief because I spent so much time over the course of that year. It was just like, “your turn,” said Maziasz.

Maziasz’s case is still in the discovery phase. If a judge decides that granular loss was covered by her policy, her case would go to a jury to decide whether there was granular loss.

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Graff says many of his cases result in settlements.



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Wisconsin Loses Second Bid to Block Tax Exemption in Spat With Catholic Charity

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Wisconsin Loses Second Bid to Block Tax Exemption in Spat With Catholic Charity


The Wisconsin state government lost decisively a second time in what has become a convoluted effort to block a Catholic charity from receiving a long-running state tax exemption.

The Wisconsin Supreme Court on Dec. 15 blocked state Attorney General Josh Kaul’s attempt to fully eliminate an unemployment tax exemption after the U.S. Supreme Court ruled that the Diocese of Superior’s Catholic Charities Bureau was entitled to the tax break.

The U.S. Supreme Court in June had ruled that Wisconsin violated the First Amendment when it denied the tax exemption to the Catholic group on the grounds that the group’s charitable undertakings were not “primarily” religious.

The state responded in October by moving to eliminate the exemption entirely, arguing that the tax break is “discriminatory” and that ending the policy would “avoid collateral damage to Wisconsin workers.”

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In a brief order on Dec. 15, the state’s high court affirmed that the U.S. Supreme Court ruling allows the Catholic charity to access the tax break. The court directed the state Labor and Industry Review Commission to declare the charity eligible for the exemption. 

The religious liberty law group Becket, which has represented the Catholic charity in the legal fight, said in a press release that the Wisconsin Supreme Court had ended the state government’s “crusade” against the Catholic charity. 

“You’d think Wisconsin would take a 9-0 Supreme Court loss as a hint to stop digging,” Becket Vice President Eric Rassbach said. “But apparently Attorney General Kaul and his staff are gluttons for punishment.” 

“Thankfully, the Wisconsin Supreme Court put an end to the state’s tomfoolery and confirmed that Catholic Charities is entitled to the exemption it already won,” Rassbach said. 

The ruling “protects not just Catholic Charities, but every faith-based organization that relies on this exemption to serve the public,” he added. 

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In its June ruling, the U.S. Supreme Court said the First Amendment “mandates government neutrality between religions” and that Wisconsin had failed to adhere to this principle in refusing to issue the tax exemption to Catholic Charities. 

“It is fundamental to our constitutional order that the government maintain ‘neutrality between religion and religion,’” Justice Sonia Sotomayor wrote in the decision. “There may be hard calls to make in policing that rule, but this is not one.”

Justice Clarence Thomas, meanwhile, said that governments “may not use [entities such as a Catholic charity] as a means of regulating the internal governance of religious institutions.”

Following the ruling this week, David Earleywine — the associate director for education and religious liberty at the Wisconsin Catholic Conference — said the Catholic charity has been fighting for the exemption for “decades.”

“[T]rue Catholic charity is inherently religious and cannot be reduced to another secular social service,” he said.

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Insider: Wisconsin Man Charged With Possession Of Virtual Child Pornography

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Insider: Wisconsin Man Charged With Possession Of Virtual Child Pornography


POLK COUNTY (DrydenWire) – An investigation by the Wisconsin Department of Justice, Division of Criminal Investigation, into multiple cybertips from Google about suspected child sexual abuse materials has resulted in felony charges for a Wisconsin Man.

Cody Struemke, age 27, of Amery, WI, is facing nearly a dozen charges for possessing child pornography, including Felony Possession of Virtual Child Pornography.

The criminal complaint against him alleges that Struemke saved a photo from Facebook of juveniles known to him, and digitally edited the photo to make it appear they were nude.

Insiders can read the full post below:

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Wisconsin health professionals share tips to protect against respiratory illnesses

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Wisconsin health professionals share tips to protect against respiratory illnesses


MADISON, Wis. (WMTV) -Respiratory illness season has begun in Wisconsin, with health professionals reporting increased flu cases and higher demand for medications and vaccines.

Over-the-counter medicines are flying off the shelves at Forward Pharmacy in McFarland, according to manager Tony Peterangelo.

“We’ve had to increase like how much of some of that stuff we’ve kept on hand,” Peterangelo said. “We had to make some special orders to really bulk up on some of it too.”

Forward Pharmacy manager Tony Peterangelo filling prescriptions as the respiratory illness season begins.(WMTV/Camberyn Kelley)

Upland Hills physician Benjamin Hecht said the respiratory illness season typically begins after Thanksgiving.

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“As of right now, we are just starting in the last week or two to see some Influenza A. Last year was a pretty tough flu year for us, influenza in Wisconsin. It’s still to be seen how severe of a year this is going to be in 2025-26,” he said.

Respiratory viruses are hard to avoid according to the Upland Hills physician.

“You can wear masks and wash your hands a ton, but you’re going to get exposed to these viruses at some point,” Dr. Hecht said.

RSV poses concern for young children

Dr. Hecht said another concern this season is RSV, particularly for young children with developing immune systems.

“The kids that get this, especially the really young kids, that don’t have a mature immune system, they can get pretty sick from RSV. That’s a particularly scary one. If you’re in a position where you qualify to get that vaccination or perhaps your kids do, please consider that,” Dr. Hecht said.

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Forward Pharmacy is meeting demand for vaccines, which Peterangelo said can help protect against viruses.

“All of that stuff reduces the need to scramble on the back end to get antibiotics and cough suppressants. It doesn’t completely reduce your risk, but it reduces it enough that your likelihood of getting that is down,” Peterangelo said.

Forward Pharmacy is meeting demand for vaccines, which Peterangelo said can help protect...
Forward Pharmacy is meeting demand for vaccines, which Peterangelo said can help protect against viruses.(WMTV/Camberyn Kelley)

The pharmacy has given out dozens of flu and covid shots in a day.

“I would say maybe in the 60 to 80 range,” Peterangelo said.

Dr. Hecht said influenza B will come later in the season. He recommends people with severe respiratory symptoms like breathing troubles to see a doctor.

“The big thing is just living a healthy lifestyle, staying well hydrated, getting good sleep, doing what you can with physical activity and exercise to make sure your immune system is in tip top shape,” Dr. Hecht said.

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According to new CDC data, doctor visits for flu-like symptoms rose to more than 3% in the last two weeks. The majority of flu cases are caused by a mutated strain that causes more severe illness, particularly among older adults.

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