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