Insurance — builder’s risk policies

By: WISCONSIN LAW JOURNAL STAFF//December 7, 2011//

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Wisconsin Court of Appeals

Civil

Insurance — builder’s risk policies

Assurance Company of America appeals a jury verdict awarding Fontana Builders, Inc. $1.39 million in damages for compensatory losses stemming from a builder’s risk policy issued to Fontana, and $1.21 million for Assurance’s bad faith denial of coverage. We reverse, as we hold that the circuit court erred when it found as a matter of law that the builder’s risk policy provided coverage. Given the policy language contained in the builder’s risk policy, the question of whether coverage existed on the day a fire consumed a house that Fontana was building is a question of fact for the jury. Not recommended for publication in the official reports.

2010AP2074 Fontana Builders inc. v. Assurance Company of America

Dist II, Walworth County, Carlson, J., Reilly, J.

Attorneys: For Appellant: Ehrke, William W., Milwaukee; McInerney, John J., Chicago, IL; For Respondent: Trebatoski, Chris J., Milwaukee

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