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2006AP818 J.G. v. Wangard

Insurance
Homeowner policy; intentional torts

An intentional acts exclusion in a homeowner's policy bars coverage for negligence in failing to prevent another named insured's intentional sexual contact with a minor.

"The express language of the two homeowner's policies in question broadly excludes from coverage 'any damages arising out of an act intended by any covered person to cause personal injury or property damage.' (Emphasis added.) Without considering whether Deborah's negligent conduct was itself 'intentional,' as Jessica M.F. might imply, it is clear that J.G.'s and R.G.'s alleged damages arose out of Steven's intentional wrongful conduct.

For this reason, the exclusion plainly bars coverage as to Steven and to Deborah if, as is undisputed, J.G. and R.G.'s personal injury damages arose out of Steven's intentional sexual contact with J.G."

Affirmed.

2006AP818 J.G. v. Wangard

Prosser, J.

Attorneys: For Appellant: Eckstein, Brett A., Brookfield; O'Brien, Tamara H., Milwaukee; LoCoco, Francis H., Milwaukee; Matthews, Rhonda M., Milwaukee; For Respondent: Smith, James S., Brookfield; Gunderson, Wendy G., Brookfield

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Case Details

Case Number: 2006AP818
Case Name: J.G. v. Wangard
Decision Date: 07/16/2008
Court: WI Supreme Court
County:
District:
Deck: Homeowner policy; intentional torts
Category: Insurance
Dis:
Type:
Judge(s): Prosser, J.
Appellant Attorney(s): Eckstein, Brett A., Brookfield; O'Brien, Tamara H., Milwaukee; LoCoco, Francis H., Milwaukee; Matthews, Rhonda M., Milwaukee
Respondent Attorney(s): Smith, James S., Brookfield; Gunderson, Wendy G., Brookfield

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