By: Derek Hawkins//November 21, 2017//
WI Court of Appeals – District I
Case Name: Raymundo Lucero, et al. v. Amerisure Insurance Company, et al.
Case No.: 2016AP1422
Officials: Brennan, P.J., Brash and Dugan, JJ.
Focus: Indemnification
This appeal relates to a dispute over indemnification and insurance between defendants in a personal injury action. The negligence and safe-place claims—filed by drywall installer Raymundo Lucero and his wife for damages related to an on-the-job accident—ultimately settled, leaving only the third-party claims for indemnification and insurance. The defendants are the owner of the property where Lucero was working when he was injured, the general contractor on the construction project, and the subcontractor for whom Lucero was working, along with their respective insurers. At this stage, the dispute centers on the contracts defining the terms of the defendants’ relationships and the parties’ respective insurance policy contracts. Each defendant claimed that contracts limited its responsibility to pay the Luceros’ damages or exempted it entirely from responsibility.
In their cross-appeal, McShane and its insurer argue that even if this court finds that the circuit court erred as to McShane’s obligations under the relevant contracts, this court should, on alternate grounds, affirm the circuit court’s orders dismissing them from the case. Because we conclude that neither movant is entitled to judgment as a matter of law, we remand for further proceedings.