Insurance — duty to defend — property damage

Wisconsin Court of Appeals

Civil

Insurance — duty to defend — property damage

Red-D-Mix Concrete, Inc., appeals an order granting summary and declaratory judgment to its insurers, Nationwide Mutual Insurance Company and AMCO Insurance Company (collectively, Nationwide) and Integrity Mutual Insurance Company. Various entities sued Red-D-Mix, alleging Red-D-Mix provided defective concrete for use in construction at several gas stations. Red-D-Mix tendered defense of the lawsuit to Nationwide and Integrity. The circuit court held that Nationwide and Integrity had no duty to defend or indemnify Red-D-Mix because their policies did not make an initial grant of coverage for the plaintiffs’ claims. We conclude the plaintiffs’ complaint arguably alleges a covered loss, and, therefore, Nationwide and Integrity do have a duty to defend Red-D-Mix. This opinion will not be published.

2011AP214 Pamperin Rentals II LLC, et al. v. R.G. Hendricks & Sons Construction Inc., et al.

Dist III, Brown County, Zuidmulder, J., Per Curiam

Attorneys: For Appellant: Kowalkowski, Frank, Green Bay; For Respondent: Bandt, Christopher R., Manitowoc; Graff, Ryan Ray, Manitowoc