By: Derek Hawkins//June 6, 2018//
WI Court of Appeals – District III
Case Name: Jodi Zeichert, et al. v. Adam J. Riehl, et al.
Case No.: 2017AP80
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Insurance Claim – Liability
This case arises out of a motor vehicle accident in which Lorraine Zeichert and Matthew Zeichert sustained injuries, and Ryan Zeichert was killed. The Zeicherts appeal a judgment and order granting summary judgment to Todd Gruetzmacher and his insurers, Ellington Mutual Insurance Company (Ellington Mutual), Liberty Mutual Insurance Company and Liberty Mutual Fire Insurance Company (together, Liberty Mutual), and granting Progressive Casualty Insurance Company’s (Progressive) motion to terminate its defense of Gruetzmacher. The Zeicherts argue the circuit court erred by concluding that Gruetzmacher was not vicariously liable for Adam Riehl’s negligence because a master-servant relationship did not exist between Gruetzmacher and Riehl at the time of the accident. They also contend the court erred in granting Progressive’s motion to terminate its defense. We reject the Zeicherts’ argument and affirm.