2009AP2810 Accola v. Fontana Builders, Inc.

By: WISCONSIN LAW JOURNAL STAFF//September 22, 2010

Insurance
Liability insurance; care, custody, or control exclusions

The loss of a third party’s personal property, not necessary to work being done by an insured, is not excluded from coverage by a care, custody, or control exclusion.

“In order to win under the ‘care, custody, or control’ exclusion of its policy at the summary judgment level, Westfield had to show that the Accolas’ personal property was necessary to the work being done by Fontana and this is something it has not done. Accordingly, we reverse the trial court’s summary judgment in favor of Westfield and remand for further proceedings not inconsistent with this opinion.”

Reversed and Remanded.

Recommended for publication in the official reports.

2009AP2810 Accola v. Fontana Builders, Inc.

Dist. II, Walworth County, Race, J., Brown, J.

Attorneys: For Appellant: Trebatoski, Chris J., Milwaukee; For Respondent: Crooks, Michael P., Madison

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