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Torts — property damage — diminution-in-value theory — lost profits

By: WISCONSIN LAW JOURNAL STAFF//April 16, 2013//

Torts — property damage — diminution-in-value theory — lost profits

By: WISCONSIN LAW JOURNAL STAFF//April 16, 2013//

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Wisconsin Court of Appeals

Civil

Torts — property damage — diminution-in-value theory — lost profits

Regent Insurance Company appeals a judgment incorporating a declaration that Regent is obligated to indemnify its insured, Marine Associates, Inc. Marine Associates was found liable for improperly cutting teeth into gears, which were then incorporated into another product. Regent argues there was no coverage under Marine Associates’ commercial general liability (CGL) policy, primarily because the business-risk exclusions apply. We hold that some, but not all, of the damages awarded by the jury were covered losses. We therefore remand for the circuit court to conduct any proceedings necessary to determine the amount of covered damages. Not recommended for publication in the official reports.

2012AP1260 Konrad Marine Inc. v. Marine Associates Inc., et al.

Dist III, St. Croix County, Needham, J., Hoover, P.J.

Attorneys: For Appellant: Evans, Jeffrey A., Milwaukee; For Respondent: Danielson, Steven G., Eau Claire

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