Insurance – Statutory Interpretation

By: Derek Hawkins//February 15, 2018//

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WI Court of Appeals – District I

Case Name: Mario Johnson, et al. v. Zurich American Insurance Company of Illinois, et al.

Case No.: 2017AP497

Officials: Lundsten, P.J., Sherman and Blanchard, JJ.

Focus: Insurance – Statutory Interpretation

Mario Johnson appeals the circuit court’s grant of summary judgment against Johnson and in favor of Zurich American Insurance Company of Illinois. Johnson argues that the circuit court erred in granting summary judgment in favor of Zurich when the court concluded that Johnson’s injuries did not result from the “use” of an automobile within the meaning of the Zurich insurance policy. We agree with Johnson that the circuit court’s “use” decision is in error. We also reject Zurich’s argument based on a “completed operations” exclusion in the Zurich policy. Accordingly, we reverse and remand for further proceedings.

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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.

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