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

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

673 N.W.2d 65 Page 2 268

673 N.W.2d 65 Page 2 268 Wis.2d 16, 673 N.W.2d 65, 2004 WI 2 (Cite as: 268 Wis.2d 16, 673 N.W.2d 65) [3] Appeal and Error 30 893(1) 30 Appeal and Error 30XVI Review 30XVI(F) Trial De Novo 30k892 Trial De Novo 30k893 Cases Triable in Appellate Court 30k893(1) k. In General. Most Cited Cases Cases involving the interpretation of an insurance contract present a question of law reviewed de novo. [4] Contracts 95 147(1) 95 Contracts 95II Construction and Operation 95II(A) General Rules of Construction 95k147 Intention of Parties 95k147(1) k. In General. Most Cited Cases Insurance 217 1812 217 Insurance 217XIII Contracts and Policies 217XIII(G) Rules of Construction 217k1811 Intention 217k1812 k. In General. Most Cited Cases Judicial interpretation of a contract, including an insurance policy, seeks to determine and give effect to the intent of the contracting parties. [5] Insurance 217 1818 217 Insurance 217XIII Contracts and Policies 217XIII(G) Rules of Construction 217k1815 Reasonableness 217k1818 k. Reasonable Persons. Most Cited Cases Insurance policies are construed as they would be understood by a reasonable person in the position of the insured. [6] Insurance 217 2097 217 Insurance 217XV Coverage--in General 217k2096 Risks Covered and Exclusions 217k2097 k. In General. Most Cited Cases © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. Courts do not interpret insurance policies to provide coverage for risks that the insurer did not contemplate or underwrite and for which it has not received a premium. [7] Insurance 217 2097 217 Insurance 217XV Coverage--in General 217k2096 Risks Covered and Exclusions 217k2097 k. In General. Most Cited Cases Insurance 217 2098 217 Insurance 217XV Coverage--in General 217k2096 Risks Covered and Exclusions 217k2098 k. Exclusions and Limitations in General. Most Cited Cases Court's procedure for interpreting insurance policy follows three steps: (1) court examines the facts of the insured's claim to determine whether the policy's insuring agreement makes an initial grant of coverage; (2) if the claim triggers the initial grant of coverage in the insuring agreement, court next examines the various exclusions to see whether any of them preclude coverage; and (3) if a particular exclusion applies, court then looks to see whether any exception to that exclusion reinstates coverage. [8] Insurance 217 2097 217 Insurance 217XV Coverage--in General 217k2096 Risks Covered and Exclusions 217k2097 k. In General. Most Cited Cases If it is clear that the insurance policy was not intended to cover the claim asserted, the analysis ends there.

673 N.W.2d 65 Page 3 268 Wis.2d 16, 673 N.W.2d 65, 2004 WI 2 (Cite as: 268 Wis.2d 16, 673 N.W.2d 65) [9] Insurance 217 1835(2) 217 Insurance 217XIII Contracts and Policies 217XIII(G) Rules of Construction 217k1830 Favoring Insureds or Beneficiaries; Disfavoring Insurers 217k1835 Particular Portions or Provisions of Policies 217k1835(2) k. Exclusions, Exceptions or Limitations. Most Cited Cases Insurance policy exclusions are narrowly or strictly construed against the insurer if their effect is uncertain. [10] Insurance 217 2098 217 Insurance 217XV Coverage--in General 217k2096 Risks Covered and Exclusions 217k2098 k. Exclusions and Limitations in General. Most Cited Cases Courts analyze each insurance policy exclusion separately; the inapplicability of one exclusion will not reinstate coverage where another exclusion has precluded it. [11] Insurance 217 2098 217 Insurance 217XV Coverage--in General 217k2096 Risks Covered and Exclusions 217k2098 k. Exclusions and Limitations in General. Most Cited Cases An exception pertains only to the exclusion clause within which it appears; the applicability of an exception will not create coverage if the insuring agreement precludes it or if a separate exclusion applies. [12] Insurance 217 2277 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. 217k2273 Risks and Losses 217k2277 k. Property Damage. Most Cited Cases Sinking, buckling, and cracking of warehouse as a result of the soil settlement was “physical injury to tangible property” and, therefore, “property damage” within the meaning of commercial general liability (CGL) insurance policy, even if the economic loss doctrine applied and insured general contractor was liable to building owner only for breach of contract or warranty, not in tort. [13] Products Liability 313A 156 313A Products Liability 313AII Elements and Concepts 313Ak154 Nature of Injury or Damage 313Ak156 k. Economic Losses; Damage to Product Itself. Most Cited Cases (Formerly 313Ak17.1, 379k5) The “economic loss doctrine” generally precludes recovery in tort for economic losses resulting from the failure of a product to live up to contractual expectations; it is based on an understanding that contract law and the law of warranty, in particular, is better suited than tort law for dealing with purely economic loss in the commercial arena. [14] Torts 379 118 379 Torts 379I In General 379k116 Injury or Damage from Act 379k118 k. Economic Loss Doctrine. Most Cited Cases (Formerly 379k5) The “economic loss doctrine” operates to restrict contracting parties to contract, rather than tort, remedies for recovery of economic losses associated with the contract relationship. [15] Insurance 217 2097 217 Insurance 217XV Coverage--in General 217k2096 Risks Covered and Exclusions 217k2097 k. In General. Most Cited Cases

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