Insurance — professional services exclusions

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Wisconsin Court of Appeals

Civil

Insurance — professional services exclusions

These consolidated appeals concern a defective manure basin constructed for W.D. Hoard & Sons. Hoard hired an engineering entity, Tiry Engineering, to design and site the basin and to supervise installation. Roach Concrete installed the basin’s concrete floor. Hoard alleged that Roach’s work was flawed, causing the floor to crack and, at a later date, manure to leak into the groundwater. The dispute here is between Hoard and two companies that insured Tiry and Roach, Acuity and Society Insurance Company. Hoard argues that the Acuity and Society policies provide coverage for damages related to Roach’s work, even though the policies were not in effect when the basin leaked. Hoard also contends that a Society policy issued to Tiry provides coverage, even though that policy excludes “professional services.” The circuit court rejected these arguments and dismissed Acuity and Society as parties. We affirm the circuit court. Not recommended for publication in the official reports.

2011AP819, 2011AP1965 W.D. Hoard & Sons Co. v. The Scharine Group Inc., et al.

Dist IV, Jefferson County, Hue, J., Lundsten, P.J.

Attorneys: For Appellant: Bowen, Michael A., Milwaukee; Lee, Matthew D., Madison; For Respondent: Simpson, Arthur P., Milwaukee; Vaughn, Julie Kathleen, Milwaukee