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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 4 268

673 N.W.2d 65 Page 4 268 Wis.2d 16, 673 N.W.2d 65, 2004 WI 2 (Cite as: 268 Wis.2d 16, 673 N.W.2d 65) Insurance 217 2269 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2267 Insurer's Duty to Indemnify in General 217k2269 k. Insured's Liability for Damages. Most Cited Cases 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” is a remedies principle that determines how a loss can be recovered whether in tort or in contract/warranty law; it does not determine whether an insurance policy covers a claim, which depends instead upon the policy language. [16] Insurance 217 2277 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2273 Risks and Losses 217k2277 k. Property Damage. Most Cited Cases A loss giving rise to a breach of contract or warranty claim can constitute “property damage” within the meaning of insuring agreement of commercial general liability (CGL) insurance policy. [17] Insurance 217 2269 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2267 Insurer's Duty to Indemnify in General 217k2269 k. Insured's Liability for Damages. Most Cited Cases © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. The language of the commercial general liability (CGL) insurance policy and the purpose of the CGL insuring agreement will provide coverage for claims sounding in part in breach-of-contract/breach-of-warranty under some circumstances. [18] Insurance 217 2101 217 Insurance 217XV Coverage--in General 217k2096 Risks Covered and Exclusions 217k2101 k. Accident, Occurrence, or Event. Most Cited Cases The word “accident” in an insurance policy means an event which takes place without one's foresight or expectation. [19] Insurance 217 2275 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2273 Risks and Losses 217k2275 k. Accident, Occurrence or Event. Most Cited Cases Damage to warehouse from substantial soil settlement which occurred because of soil engineering subcontractor's faulty site-preparation advice was accidental, not intentional or anticipated, and, therefore, was caused by “occurrence” within the meaning of general contractor's commercial general liability (CGL) insurance policy, even though the general contract contained a general warranty against defects and the building owner's claim was for breach of contract or warranty; the damage resulted from the continuous or repeated exposure to the same general harmful condition. [20] Insurance 217 2269 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2267 Insurer's Duty to Indemnify in General 217k2269 k. Insured's Liability for

673 N.W.2d 65 Page 5 268 Wis.2d 16, 673 N.W.2d 65, 2004 WI 2 (Cite as: 268 Wis.2d 16, 673 N.W.2d 65) Damages. Most Cited Cases Insurance 217 2275 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2273 Risks and Losses 217k2275 k. Accident, Occurrence or Event. Most Cited Cases There is nothing in the basic coverage language of the current commercial general liability (CGL) insurance policy to support any definitive tort/contract line of demarcation for purposes of determining whether a loss is covered by the CGL's initial grant of coverage; “occurrence” is not defined by reference to the legal category of the claim, and the term “tort” does not appear in the CGL policy. [21] Insurance 217 2269 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2267 Insurer's Duty to Indemnify in General 217k2269 k. Insured's Liability for Damages. Most Cited Cases The commercial general liability (CGL) insurance policy's basic coverage language does not distinguish between losses actionable in tort and losses actionable in contract. [22] Insurance 217 2275 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2273 Risks and Losses 217k2275 k. Accident, Occurrence or Event. Most Cited Cases Insurance 217 2278(21) 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2273 Risks and Losses © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. 217k2278 Common Exclusions 217k2278(20) Products and Completed Operations Hazards 217k2278(21) k. In General. Most Cited Cases While an insured's breach of contract/breach of warranty liability will often fall within the business risk exclusions, it does not categorically fall outside the commercial general liability (CGL) insurance policy's definition of “occurrence.” [23] Insurance 217 2278(3) 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2273 Risks and Losses 217k2278 Common Exclusions 217k2278(2) Intentional Acts or Injuries 217k2278(3) k. In General. Most Cited Cases Damage to warehouse from substantial soil settlement which occurred because of soil engineering subcontractor's faulty site-preparation advice was not expected or intended by the general contractor, and, thus, exclusion in general contractor's commercial general liability (CGL) insurance policy for property damage expected or intended from the standpoint of the insured did not apply. [24] Insurance 217 2278(8) 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2273 Risks and Losses 217k2278 Common Exclusions 217k2278(8) k. Contractually Assumed Liabilities. Most Cited Cases General contractor's liability to building owner for breach of contract or warranty was not a contractually-assumed liability, and, thus, exclusion in contractor's commercial general liability (CGL) and excess insurance policies regarding the assumption of liability in a contract or agreement did not apply.

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