By: Derek Hawkins//April 11, 2018//
WI Court of Appeals – District IV
Case Name: Peters Heavy Construction, Inc. v. X-Pert One Trucking Corporation, et al.
Case No.: 2017AP1758
Officials: Lundsten, P.J., Sherman and Kloppenburg, JJ
Focus: Insurance Claim – Duty to Defend
X-Pert One Trucking Corporation and its owner, Joseph Adolphson, appeal the circuit court’s order granting summary judgment in favor of X-Pert One’s insurer, Northfield Insurance Company. The circuit court concluded that Northfield had no duty to defend and no duty to indemnify X-Pert One for claims brought against it. We reverse. On the duty to defend issue, we apply the four-corners rule and conclude that Northfield had a duty to defend X-Pert One. On the duty to indemnify issue, we conclude that Northfield has not demonstrated that it is entitled to summary judgment. We remand for further proceedings consistent with this opinion.