2010AP441 Flejter v. West Bend Mut. Ins. Co.

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Insurance
CGL policies; negligent entrustment

A CGL policy with an automobile exclusion does not cover negligent entrustment of an automobile.
“West Bend’s Commercial General Liability could not be more plain: it not only excludes ‘”[b]odily injury” or “property damage” arising out of the ownership, maintenance, use or entrustment to others of any … “auto” … owned … by … any insured,’ but it also provides that the owned-auto exclusion ‘applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the “occurrence” which caused the “bodily injury” or “property damage” involved the ownership, maintenance, use or entrustment to others of any … “auto” … that is owned … by … any insured.’ As we have seen, ‘”[o]ccurrence” means an accident.’ The appellants do not dispute that Chapp owned the van that Keck drove when he hit Gary and Barbara Kitchen. Thus, the ‘occurrence’-the ‘accident’-that caused Gary and Barbara Kitchen’s death ‘involved the ownership … use or entrustment to’ Keck of that van. Accordingly, the Commercial General Liability policy does not provide coverage for the damages the appellants seek from West Bend.”

Affirmed.

Publication in the official reports is recommended.

2010AP441 Flejter v. West Bend Mut. Ins. Co.

Dist. I, Milwaukee County, Kahn, J., Fine, J.

Attorneys: For Appellant: Guerin, D. Michael, Milwaukee; Keppel, Kathryn A., Milwaukee; Strohbehn, Christopher L., Milwaukee; For Respondent: Leavell, Jeffrey L., Racine; Lutz, Danielle N., Racine

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