Borgelt, Powell, Peterson & Frauen, S.C., concentrates primarily in the defense of civil litigation and dispute resolution, often retained by insurance companies on behalf of their insureds.  Our experience has given us an appreciation for the need of the insurance industry for cost-effective and responsive problem solving, as well as an understanding of the desires of the individuals, businesses, associations and insurers whom we represent for high quality, experienced and creative representation. 

Our attorneys provide services in the practice areas listed below, and to learn more, simply click on the practice area:

Our attorneys represent clients in proceedings before a variety of administrative agencies, boards and commissions, as well as clients wishing to appeal the decisions and orders of those agencies, boards and commissions. Examples of administrative agency proceeding in which our attorneys have experience include the Equal Rights Division, the Medical Examining Board and the Wisconsin Employment Relations Commission.
The great majority of legal disputes are resolved without a court or jury trial, often through “alternative dispute resolution” (ADR) procedures. These ADR procedures can range from mediation with a neutral mediator to facilitate a compromise resolution of the dispute through formal arbitration proceedings with one or more private individuals acting as the finder of fact who will decide the dispute in favor of one party or another. Our attorneys are experienced in serving as mediators and arbitrators, as well as representing clients in these varied ADR proceedings.
Our attorneys have represented clients in either prosecuting or defending appeals at every level of the appellate system, including the Wisconsin Court of Appeals, the Wisconsin Supreme Court, the United States Court of Appeals for the Seventh Circuit and the United States Supreme Court, both for matters that our firm handled in the lower court and for matters handled by others in the lower court, for which we are retained to handle the appeal.
Claims that an ill or elderly resident of a nursing home or other care facility might have been injured as a result of some negligent act or omission of the facility’s staff can generate emotionally charged litigation, because of the particular vulnerability of the injured resident. Defending against such claims requires attorneys who are both knowledgeable about the standards and practices applicable to such facilities and sensitive to the difficult emotions that such claims can engender. Our attorneys have provided cost-effective, experienced representation of nursing home and other care facilities in a myriad of circumstances, involving everything from decubitus ulcers to medication errors.
Our attorneys have experience in the cost effective representation of clients involved in almost every conceivable kind of motor vehicle accident litigation, from single car accidents to accident involving school buses or semi trucks and involving damage claims ranging from “low impact” soft tissue injuries to serious brain injury or death.
Insurance companies are held to a high standard of behavior when they are required to consider claims for which their insurance policies might provide coverage, and the law has developed varied criteria to evaluate the behavior of an insurance company when handling a claim, predicated on the principle that an insurance company has a duty to handle a claim in good faith under its insurance policy or contract. If a claimant under an insurance policy believes that some conduct on the part of the insurance company has not met this requirement, and has caused some further damage to the claimant, an insurance company may face liability for “bad faith.” Such circumstances are best addressed with legal counseling during the claim handling process, but if litigation develops, such cases need to be aggressively defended. Our attorneys have experience that ranges from assisting in formulating the law governing “bad faith” claims in the appellate court to successfully defending claims of “bad faith” before trial courts and juries.
Carbon Monoxide cases are multifaceted and require attorneys who understand the relationship between engineering issues regarding the cause of the problem, toxicology issues relating to the concentration of the Carbon Monoxide and the plaintiff’s exposure, and complex medical issues involving brain injuries, personality differences and neuropsychological testing all of which can be caused by Carbon Monoxide and a variety of other sources. Our attorneys have the experience and expertise required to handle complicated litigation and investigation required to properly defend a Carbon Monoxide exposure case.
Our attorneys recognize that clients would prefer to resolve disputes without resort to formal litigation, but the reality is that individuals, associations, business entities and insurance companies all can be made parties to court proceedings in spite of their best efforts to avoid it. There are an almost infinite number of circumstances which might lead parties to a dispute to seek redress through formal litigation, from defamation through discrimination, from liquor liability through the wrongful release of private information such as health care records, from “Lemon Law” claims to claims for violations of the Moss Magnuson Warranty Act, from business dissolution disputes through more traditional areas of potential liability such as allegations of negligence by nursing homes, product manufacturers or premise owners. Our attorneys have experience with all of these areas and more.
From relatively straightforward claims of serious personal injury resulting from an alleged failure to design or construct a stairway in compliance with the building code, to more complex, multiparty disputes arising out of the failure of an architect or engineer to properly calculate structural loads or the failure of a general contractor to properly sequence work on a multi-unit condominium project, construction defect litigation can be complicated, costly and confusing. Our attorneys bring a cost-effective and creative problem-solving approach to the representation of clients in such disputes.
Our attorneys regularly represent employers in federal and state courts and administrative agencies in the defense of claims involving issues of discrimination, retaliation, wages, family and medical leave rights, wrongful termination, and restrictive covenants. We also advise corporate clients on all aspects of employment law, including discipline and discharge, disability accommodations, discrimination and harassment issues, family and medical leave problems, restrictive covenants, wage-and-hour matters, and reductions in force. In addition, we prepare all types of employment-related documents, such as employment policies and handbooks, employment contracts and non-compete and confidentiality agreements, and are available to audit clients’ employment practices and procedures.
From asbestos fibers in the air to petroleum products in the groundwater, there have been a wide variety of claims of injury caused by exposure to allegedly toxic substances in the environment, and these claims might be resolved before administrative agencies, in private alternative dispute resolution proceedings and in formal litigation in court, and our attorneys have experience in all of these different arenas.
Our attorneys provide cost effective and responsive representation of clients with respect to all areas of first party property insurance issues. Such claims include, for example, losses caused by fire, theft, water, hail, lightning, vandalism, employee dishonesty, and claims for building damage, contents loss, debris removal, and Business Income/Extra Expense. Services range from advice at the time of loss occurrence through the conclusion of the claim, and include analysis of coverage through Examinations Under Oath and all necessary services required to assist in the adjustment and conclusion of first party insurance claims.
Negligence is simply the failure to exercise ordinary care, and if that failure results in some injury or damage to another person, the negligence can give rise to a claim under almost any conceivable circumstance., and our attorneys have experience with representing clients defending claims as varied as architects’ alleged failure to properly design a structure to a host’s alleged negligence in serving alcoholic beverages to alleged negligence in releasing health care records. We understand the need for cost effective, creative and responsive representation for clients faced with diverse claims.
From the mail carrier tripping over a roller skate left on the front steps to leaking underground fuel tanks, property ownership can give rise to an almost limitless variety of exposure for claims of damage, and a homeowner’s insurance carrier is often involved. Issues can range from whether coverage for a claim is afforded in the first instance to defending the insured against covered claims, and our attorneys have experience with the full range of issues that might be involved.
Insurance contracts are necessarily complicated documents attempting to define the rights and duties of both the insurer and the insured in a myriad of circumstances. Our attorneys have experience analyzing, consulting and litigating a wide range of insurance coverage issues such as first party property loss claims, whether there is a duty to defend third-party claims, “other insurance” allocations of loss, and whether or not damages have occurred during a particular policy period, among many.
The allegation that a sick or injured person has been further harmed by the carelessness of his or her healthcare providers gives rise to difficult and often emotional issues, with the reputation and even the licensure of the healthcare provider put in jeopardy. Our attorneys have successfully defended claims against physicians, nurses, hospitals, dentists, chiropractors, podiatrists and nursing homes, and have the knowledge to appreciate the science involved and the sensitivity to understand the emotional toll such cases can impose on the parties.
Litigation is generally a last-resort means of dispute resolution. We help clients understand the legal intricacies and risks of a claim before any lawsuit is filed, to put our clients in the best position to make a claim decision. As a result, our clients are better able to either avoid unnecessary litigation or to defend against a claim if it must be put in litigation.
In today’s often complicated world, conduct of a person, association or business entity can sometimes cause injury to another, and lead to a claim for damages. The attorneys of Borgelt, Powell, Peterson & Frauen, S.C., have handled almost every imaginable personal injury claim, usually from the defense side, from automobile collisions to zip line collapses.
Ownership, construction, maintenance or use of any premises can give rise to liability for claims by frequenters, visitors or even trespassers, and our attorneys have experience with claims ranging from simple negligence to violations of OSHA or the Wisconsin Safe Place Statute.
Any person, association or business entity who designs, manufactures, distributes or sells a product or service may be faced with a claim that the product or service was defective and unreasonably dangerous, and caused some harm. Such claims may be straightforward, but more often than not such claims involve complex facts and subtle issues that are best addressed by experienced and knowledgeable attorneys who have litigated claims ranging from small plastic components to factory equipment weighing many tons.
Our attorneys have experience providing a cost effective, creative and responsive defense of architects, attorneys, engineers, healthcare providers, real estate professionals and other licensed professionals against claims of liability in a multitude of different circumstances.
Our attorneys provide cost effective and responsive representation of clients with respect to all areas of first party property insurance issues. Such claims include, for example, losses caused by fire, theft, water, hail, lightning, vandalism, employee dishonesty, and claims for building damage, contents loss, debris removal, and Business Income/Extra Expense. Services range from advice at the time of loss occurrence through the conclusion of the claim, and include analysis of coverage through Examinations Under Oath and all necessary services required to assist in the adjustment and conclusion of first party insurance claims.
Borgelt, Powell, Peterson & Frauen, S.C., attorneys are experienced in representing railroad clients in a variety of different contexts. Our attorneys defend railroads in civil damages litigation, particularly claims made under the Federal Employers Liability Act (FELA) and the Federal Safety Appliance Act (FSAA). Our attorneys also represent railroad clients in the regulatory context, including matters involving Wisconsin’s Office of the Commissioner of Railroads and the National Transportation Safety Board.
An insurance company may recover from any party legally responsible to its insured the amount that insurance company has paid to or on behalf of its insured. From the very date the loss occurs, through the date of judgment and full collection, our attorneys evaluate and pursue subrogation claims on behalf of insurance company clients. Our attorneys also handle the protections and recovery of Section 102.29 liens of workers compensation insurers and self-insured employers from initial claim notice through statutory distribution approval by the courts.
There are an almost infinite number of circumstances which might lead parties to a dispute to seek redress through formal litigation, from defamation through discrimination, from liquor liability through the wrongful release of private information such as health care records, from business dissolution disputes through more traditional areas of potential liability such as allegations of negligence by nursing homes, product manufacturers or premise owners. Our attorneys have experience with all of these areas and more.
Claims ranging from alleged violations of the simple “rules of the road” to allegations of violations of regulations promulgated by the Federal Motor Carrier Safety Administration are all made more complicated when the vehicles involved are semi trucks or school buses. Our attorneys have experience in analyzing, consulting, mediating and litigating disputes that arise in trucking and common carrier contexts.
Borgelt, Powell, Peterson & Frauen has a statewide practice in the defense of Worker’s Compensation cases. Between our Milwaukee and Madison offices, we currently have 8 attorneys and 4 paralegals involved in worker’s compensation matters. Our practice includes the defense of litigated worker’s compensation claims in the areas of primary compensation, medical expense including Medicare Set Asides, refusal to rehire, penalty cases, bad faith and sec. 102.29 subrogation. We are also available for consultation on non-litigated cases.