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Insurance Coverage

By: Derek Hawkins//July 11, 2016//

Insurance Coverage

By: Derek Hawkins//July 11, 2016//

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WI Supreme Court

Case Name: David M. Marks v. Houston Casualty Company et al

Case No.: 2013AP2756

Focus: Insurance Coverage

Allegations made in complaint are not claims covered under insurance policy.

“The circuit court below found that Marks’ policy provides an initial grant of coverage. The court of appeals assumed without deciding that Marks’ policy provides an initial grant of coverage, then moved to step two: determining whether any exclusions preclude coverage. Marks, 363 Wis. 2d 505, ¶9. The court of appeals ultimately concluded that the business enterprise exclusion “precludes coverage when measured against the allegations in the complaints.” Id., ¶22. We agree with the court of appeals on both counts: we need not and do not decide whether Marks’ policy provides an initial grant of coverage based on the allegations in the six lawsuits, because, as we will now explain, the business enterprise exclusion clearly establishes that Houston Casualty could have no possible duty to indemnify Marks, even if the allegations in the complaints turned out to be true. See Fireman’s Fund, 261 Wis. 2d 4, ¶21.22 Thus, Houston Casualty did not breach its duty to defend Marks when it declined to defend him.”

Affirmed

Concurring: BRADLEY, A. W., J. and ABRAHAMSON, J. concur (Opinion filed). BRADLEY, R. G., J. concurs (Opinion filed).

Dissenting:

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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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