Views
5 years ago

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

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

673 N.W.2d 65 Page 6 268

673 N.W.2d 65 Page 6 268 Wis.2d 16, 673 N.W.2d 65, 2004 WI 2 (Cite as: 268 Wis.2d 16, 673 N.W.2d 65) [25] 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 The contractually-assumed liability exclusion in a commercial general liability (CGL) insurance policy applies where the insured has contractually assumed the liability of a third party, as in an indemnification or hold harmless agreement; it does not operate to exclude coverage for any and all liabilities to which the insured is exposed under the terms of the contracts it makes generally; overruling Nelson v. Motor Tech, Inc., 158 Wis.2d 647, 462 N.W.2d 903. [26] Insurance 217 2278(21) 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2273 Risks and Losses 217k2278 Common Exclusions 217k2278(20) Products and Completed Operations Hazards 217k2278(21) k. In General. Most Cited Cases Insurance 217 2296 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(B) Coverage for Particular Liabilities 217k2296 k. Products and Completed Operations Hazards. Most Cited Cases Damage to warehouse from substantial soil settlement which occurred because of soil engineering subcontractor's faulty site-preparation advice was within the products-completed operations hazard for purposes of general contractor's commercial general liability (CGL) insurance policy, and, thus, exclusion of coverage for property damage to particular part of any property to be restored, repaired, or replaced because named insured's work was incorrectly per- © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. formed on it did not apply; the settlement was discovered after the work was substantially completed, and the building owner occupied the premises. [27] Insurance 217 2278(21) 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2273 Risks and Losses 217k2278 Common Exclusions 217k2278(20) Products and Completed Operations Hazards 217k2278(21) 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 subject to exclusion in general contractor's commercial general liability (CGL) insurance policy for property damage to named insured's work arising out of it or any part of it and included in the products-completed operations hazard; an exception made the exclusion inapplicable if the damaged work or the work out of which the damage arose was performed on the named insured's behalf by a subcontractor. [28] Insurance 217 2265 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2263 Commencement and Duration of Coverage 217k2265 k. Continuous Acts and Injuries; Trigger. Most Cited Cases Continuous trigger theory applied to damage to warehouse from soil settlement over the terms of three commercial general liability (CGL) insurance policies issued to the general contractor; thus, coverage existed under all three policies. [29] Insurance 217 2265 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2263 Commencement and Duration of

673 N.W.2d 65 Page 7 268 Wis.2d 16, 673 N.W.2d 65, 2004 WI 2 (Cite as: 268 Wis.2d 16, 673 N.W.2d 65) Coverage 217k2265 k. Continuous Acts and Injuries; Trigger. 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 The “continuous trigger theory” generally applies where an injury or damage occurs over more than one liability policy period; the theory interprets the term “occurrence” in commercial general liability (CGL) insurance policies to include continual, recurring damage as well as damage that occurs at one moment in time. [30] Insurance 217 2278(10) 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2273 Risks and Losses 217k2278 Common Exclusions 217k2278(10) k. Professional Services. Most Cited Cases General contractor's liability to building owner for damage to warehouse from soil settlement which occurred because of soil engineering subcontractor's faulty site-preparation advice arose out of the rendering of professional services, and, thus, professional liability exclusion in general contractor's excess liability policies applied. [31] Insurance 217 2261 217 Insurance 217XVII Coverage--Liability Insurance 217XVII(A) In General 217k2261 k. Public Policy Limitations in General. Most Cited Cases The known loss doctrine precluded coverage under general contractor's commercial general liability (CGL) and excess insurance policies issued after extent of damage from settlement of building was substantially known. [32] Insurance 217 2101 © 2011 Thomson Reuters. No Claim to Orig. US Gov. Works. 217 Insurance 217XV Coverage--in General 217k2096 Risks Covered and Exclusions 217k2101 k. Accident, Occurrence, or Event. Most Cited Cases The “known loss doctrine” holds that insurers are not obligated to cover losses which are already occurring when the coverage is written or which has already occurred. **69 *23 For the defendant-third-party plaintiff-respondent-cross-appellant-petitioner there were briefs by Robert J. Kay, Robert A. Mich, Jr. and Kay & Andersen, S.C., *24 Madison, and Jeffrey W. Younger, Paul W. Schwarzenbart and Lee, Kilkelly, Paulson & Younger, S.C., Madison, and oral argument by Paul W. Schwarzenbart. For the defendant-respondent-cross-appellant-petitioner there were briefs by Michael G. Laskis, Michael B. Van Sicklen and Foley & Lardner, Madison, and oral argument by Michael G. Laskis. For the plaintiff-appellant-cross-respondent there were briefs by Wayne M. Yankala and Mingo & Yankala, S.C., Milwaukee, and oral argument by Wayne M. Yankala. For the third-party defendants-respondents-cross-respondents, West American Insurance Company and The Ohio Casualty Insurance Company, there was a brief by Michael D. Lawrynk and Gabert, Williams, Konz & Lawrynk, Appleton, and oral argument by Michael D. Lawrynk. For the third-party defendants-respondents-cross-respondents, Regent Insurance Company and General Casualty Company of Wisconsin, there were briefs by Robert F. Johnson, Lee Anne N. Conta, Colleen M. Fleming and Cook & Franke S.C., Milwaukee, and oral argument by Lee Anne N. Conta.

motorcycle insurance - American Family Insurance
Insuring Your Ministry Points to Consider - Church Mutual Insurance ...
Larson v. American Family Mutual Ins. Co Insured (P) v. Insurance ...
Fortner v. Grange Mutual Ins. Co. - Insurance Coverage Corner
Stearman v. State Farm Mutual Automobile Insurance Company No ...
American Family Mutual Insurance Co. v. Reichartz - Eastern District ...
Cinn Ins v Stonebridge Financial Corp - The Insurance ...
Channel Fabrics, Inc. v. Hartford Fire Ins. Co - Property Insurance ...
Copelin v. State Farm Ins. Co. - Property Insurance Coverage Law ...
State Farm Mutual Auto. Ins. Co. v. Campbell - Robbins, Russell ...
Thurmond v. State Farm Mutual Automobile Ins. Co. - Insurance ...
were based upon Wawanesa Mutual Ins. Co. v. Matlock, , 60
08-1986 - Donald Babinski v. American Family Insurance
New London County Mutual Ins. Co. v. Bialobrodec - Connecticut ...
Builders Mutual Insurance Co. v. Winguard - Insurance Coverage ...
Axis Surplus Ins. Co. v. Reinoso - Insurance Litigation & Regulatory ...
Jessco v Builders Mutual Insurance Company - Insurance Coverage ...
Ichimoto v Amer Motor Ins Co - The Insurance & Reinsurance Report
General Casualty Insurance Co. v. Penn-Co Construction - Northern ...
Download Safe Auto Ins. Co. v. Berlin - The Insurance ...
Scottsdale Ins. Co. v. Sally Group, LLC, 2012 - Property Insurance ...
Clarendon America Ins. Co. v. Starnet Ins. Co. Opinion