Please ensure Javascript is enabled for purposes of website accessibility

Duty to Defend – Indemnity

By: Derek Hawkins//April 18, 2017//

Duty to Defend – Indemnity

By: Derek Hawkins//April 18, 2017//

Listen to this article

WI Court of Appeals – District I

Case Name: American Family Mutual Insurance Company, et al v. Cintas Corporation No.2 at al

Case No.: 2015AP2457

Officials: Kessler, Dugan and Brash, JJ.

Focus: Duty to Defend – Indemnity

Cintas Corporation No. 2 (“Cintas”) and The Travelers Indemnity Company of Connecticut (“Travelers”) appeal from the trial court’s decision granting summary judgment in favor of Becker Property Services LLC (“Becker”), dismissing all of Cintas and Travelers’ claims against Becker. Becker cross-appeals the trial court’s ruling that if Ohio law applied under the contract, Becker would have a duty to defend and indemnify Cintas for the claims against it in the underlying action. The issue before this court is whether the contract between Cintas and Becker obligates Becker to defend and indemnify Cintas for Cintas’ alleged negligent acts and breach of implied warranty. Additionally, the parties dispute the enforceability, under Wisconsin law, of the contract’s choice of law provision designating Ohio law as governing the rights and obligations of the parties. We find that under Wisconsin law, Becker has a duty to defend and indemnify Cintas in the underlying action alleging negligence and breach of implied warranty. We conclude that there is no need to answer the choice of law question because we find that, even applying Wisconsin law as argued by Becker, Becker has a duty under the contract to defend and indemnify Cintas and Travelers in the underlying action

Full Text


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.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests