Insurance Claim – Duty to Defend

By: Derek Hawkins//April 11, 2018//

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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.

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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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