Insurance Policy

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

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WI Supreme Court

Case Name: Fontana Builders, Inc. et al v. Assurance company of America

Case No.: 2014AP821

Focus: Insurance Policy

Court of appeals incorrectly interpreted risk policy as question of fact for jury.

“we reaffirm the general principle that interpretation of insurance contracts presents a question of law for the court. We further conclude that the homeowner’s policy in this case did not “apply” so as to terminate Fontana’s builder’s risk policy because Fontana and the Accolas insured different interests in the property. Fontana had a reasonable expectation that coverage would persist under the builder’s risk policy while construction continued and Fontana remained the owner of the property. Accordingly, we reverse the decision of the court of appeals and remand to the circuit court for the determination of damages.”

Reversed

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

Dissenting: BRADLEY, R. G., J. concurs and dissents (Opinion filed).

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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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