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American Family Mutual Ins. Co. v. American Girl - Insurance ...

American Family Mutual Ins. Co. v. American Girl - Insurance ...

American Family Mutual Ins. Co. v. American Girl - Insurance

673 N.W.2d 65 Page 1 268 Wis.2d 16, 673 N.W.2d 65, 2004 WI 2 (Cite as: 268 Wis.2d 16, 673 N.W.2d 65) Supreme Court of Wisconsin. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant-Cross-Respondent, v. AMERICAN GIRL, INC., f/k/a Pleasant Company, Inc., Defendant-Respondent-Cross-Appellant-Petitioner, The Renschler Company, Inc., Defendant-Third-Party Plaintiff-Respondent-Cross-Appellant-Petitioner, v. West American Insurance Company, The Ohio Casualty Insurance Company, Regent Insurance Company and General Casualty Company of Wisconsin, Third-Party Defendants-Respondents-Cross-Respondents. No. 01-1871. Argued Sept. 9, 2003. Decided Jan. 9, 2004. Background: Liability insurer brought action against insured general contractor for declaratory judgment that commercial general liability (CGL) and excess liability policies did not cover liability to building owner for soil settlement as result of subcontractor's alleged negligence. Insured joined additional CGL and excess insurers. On cross-motions for summary judgment, the Circuit Court, Dane County, John C. Albert, J., found coverage under plaintiff's CGL policies and other insurers' policies and found no coverage under excess policies. On cross-appeals, the Court of Appeals, Vergeront, P.J., 257 Wis.2d 771, 652 N.W.2d 123, affirmed in part, reversed in part, and remanded with directions. Holdings: On review, the Supreme Court, Diane S. Sykes, J., held that: (1) the damage to the building was property damage, even if the economic loss doctrine applied and the general contractor was liable only on a contract theory; (2) the damage was caused by occurrence; (3) the damage was not expected or intended by the general contractor; (4) the exclusion for contractually-assumed liabilities © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. did not apply, overruling Nelson v. Motor Tech, Inc., 158 Wis.2d 647, 462 N.W.2d 903; (5) business risk exclusions for damage to named insured's work did not apply; (6) professional liability exclusion in excess liability policies applied; and (7) known loss doctrine precluded coverage under policies issued after extent of damage from settlement of building was substantially known. Reversed and remanded. N. Patrick Crooks, J., dissented and filed opinion joined by Patience D. Roggensack, J. Patience D. Roggensack, J., dissented and filed opinion joined by N. Patrick Crooks, J. West Headnotes [1] Appeal and Error 30 863 30 Appeal and Error 30XVI Review 30XVI(A) Scope, Standards, and Extent, in General 30k862 Extent of Review Dependent on Nature of Decision Appealed from 30k863 k. In General. Most Cited Cases The Supreme Court reviews a summary judgment pursuant to the same standards and methodology as the circuit court. [2] Judgment 228 181(2) 228 Judgment 228V On Motion or Summary Proceeding 228k181 Grounds for Summary Judgment 228k181(2) k. Absence of Issue of Fact. Most Cited Cases Summary judgment is properly granted if there is no genuine issue of material fact in dispute and the moving party is entitled to judgment as a matter of law.

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