By: Derek Hawkins//February 28, 2018//
WI Court of Appeals – District IV
Case Name: Susan Blesener, et al. v. William Linton
Case No.: 2016AP2117
Officials: Brennan, P.J., Kessler and Dugan, J.J.
Focus: Insurance Claims – Liability
William Linton appeals the trial court’s judgment holding that the insurance policies issued to him by Liberty Mutual Fire Insurance Company and Liberty Mutual Insurance Company (collectively “Liberty”) do not afford coverage for misrepresentation and breach of contract claims asserted against him in a civil action. Buyers Susan Blesener and Richard Champagne alleged Linton made untrue statements in a real estate condition report (RECR).
Linton challenges the trial court’s summary judgment determination that, based on the intentional nature of Linton’s alleged misrepresentations, there was no “occurrence” under the policies and, therefore, there was no coverage under the Liberty policies. Linton contends that the trial court erred in focusing on his alleged liability-creating conduct and the complaint’s theory of liability rather than the alleged factual cause of the property damage. Based on our independent consideration of the undisputed facts, the issues presented and the applicable law, we agree with the trial court and, therefore, affirm.