Insurance — homeowners policies — duty to defend — abuse exclusion

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Wisconsin Court of Appeals

Civil

Insurance — homeowners policies — duty to defend — abuse exclusion

Kurt Schmoldt, Stacy Schmoldt, and Jane Doe, by her guardian ad litem (collectively, the “Schmoldt Plaintiffs”), appeal an order of the circuit court in which the court ruled that American Family Mutual Insurance Company (“American Family”) had no duty to defend and no duty to indemnify Christa Thorin with respect to the Schmoldt Plaintiffs’ claims against her for injuries sustained by Jane Doe. The order was entered after the circuit court granted American Family’s motion for summary judgment. On appeal, the Schmoldt Plaintiffs argue that the circuit court erred when it ruled that the abuse exclusion in the American Family homeowners’ insurance policy held by Thorin applied to exclude coverage under the policy. This opinion will not be published.

2011AP997 Jane Doe, et al. v. Thorin, et al.

Dist II, Washington County, Muehlbauer, J., Per Curiam

Attorneys: For Appellant: Hansen, Susan A., Milwaukee; Centofanti, Kelly L., Mequon; For Respondent: Mathie, James J., Waukesha; Zaffiro, Richard L., Waukesha