Negligence – Indemnity

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WI Court of Appeals – District I

Case Name: Andreas Rydland v. Marina Cliffs Association, et al

Case No.: 2015AP1215; 2015AP1565

Officials: Brennan, P.J., Kessler and Brash, JJ.

Focus: Negligence – Indemnity

These appeals stem from an action brought by Andreas, Nicole, Emma and Lana Rydland (collectively, “the Rydlands”), in which the Rydlands alleged that the Marina Cliffs Association (“the Association”) was negligent in its maintenance and repair of the condominium unit in which the Rydlands resided and that the Association’s conduct was in breach of its contract with the Rydlands. A jury found in favor of the Association and further determined that the Rydlands were negligent with respect to the purchase of the condo unit and the maintenance and repair of the atrium area of the unit. The Rydlands now appeal, alleging that the trial court made several errors with respect to the jury verdict and erroneously excluded relevant evidence. The Association filed an appeal against State Farm Insurance Company (“State Farm”) stemming from the trial court’s post-verdict decision that State Farm did not have a duty to indemnify or defend the Association under the Association’s insurance policy with State Farm during the time period covering the Rydlands’ claims.  We affirm the trial court with respect to both appeals

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.