Insurance — professional services exclusions

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Wisconsin Court of Appeals

Civil

Insurance — professional services exclusions

At issue in this case is whether the Town of Lowell has coverage under its “business owners” insurance policy with Rural Mutual Insurance Company for negligence and other claims arising out of a project to relocate the intersection of two roads. We conclude, as did the circuit court, that coverage for the negligence claim as alleged against the Town is barred by the “professional services” exclusion in the policy, because the claim alleges that the Town was negligent in approving the project design, but not in actual project construction. We further conclude that the Town has failed to adequately develop any separate argument as to why the exclusion should not also bar coverage for the other three claims at issue in this appeal, each of which appears to be based on the Town’s alleged negligence. Accordingly, we affirm the circuit court’s judgment. Not recommended for publication in the official reports.

2011AP1454 Oemig v. Town of Lowell, et al.

Dist IV, Dodge County, Bauer, J., Blanchard, J.

Attorneys: For Appellant: Sweet, Mark S., Watertown; Weiss, Monte, Milwaukee; Kramer, Charles W., Milwaukee; Bitar, Remzy D., Milwaukee; Schrier, Nicole N., Watertown; For Respondent: Andrews, Mark W., Madison; Harrell, Kathryn A., Madison