By: WISCONSIN LAW JOURNAL STAFF//February 26, 2013//
By: WISCONSIN LAW JOURNAL STAFF//February 26, 2013//
Wisconsin Court of Appeals
Civil
Insurance — homeowner policies — sudden and accidental event
Robert and Betty Gerbers appeal a directed verdict in favor of their homeowner’s insurance carrier, AMCO Insurance Company d/b/a Allied Insurance. The Gerberses argue they presented sufficient credible evidence that window failures in their home were caused by a “sudden and accidental” event. Viewing the evidence in the light most favorable to the Gerberses, the testimony at trial established that excessive heat from an unknown source caused their windows to fail. This was insufficient to establish a “sudden and accidental” event. Accordingly, we affirm. This opinion will not be published.
2012AP455 Gerbers v. AMCO Insurance Company
Dist III, Brown County, Hammer, J., Per Curiam
Attorneys: For Appellant: Linz, Nicholas, Green Bay; For Respondent: Mayer, John F., Manitowoc; Wallace, Justin F., Manitowoc