Declaratory Judgment- Duty to Defend

By: Derek Hawkins//May 31, 2016//

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WI Court of Appeals – District II

Case Name: Stacey Rhyner v. Marvin E. Rydberg

Case No.: 2015AP2010

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Declaratory Judgment- Duty to Defend

Marvin E. Rydberg appeals from an order granting declaratory and summary judgment to General Casualty Company of Wisconsin, finding it has no duty to defend Rydberg in this action. We affirm. Stacey Rhyner sued Rydberg for sexually groping her while both were at work at Veterinary Medical Services Corporation (VMS). Stated simply, Rhyner alleges an intentional tort committed upon her by Rydberg. Rydberg argues that General Casualty, as VMS’s worker’s compensation and employer’s liability carrier, must defend him throughout this litigation. We disagree as Rydberg is not an insured under either General Casualty policy

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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