Breach of Contract – Bad-faith Damages

By: Derek Hawkins//October 16, 2018//

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WI Court of Appeals – District II

Case Name: Fontana Builders, Inc., et al. v. Assurance Company of America

Case No.: 2017AP1604

Officials: Neubauer, C.J., Reilly, P.J., and Gundrum, J.

Focus: Breach of Contract – Bad-faith Damages

In this decade-old case, Assurance Company of America appeals from a judgment reinstating April 2010 jury verdicts in favor of Fontana Builders, Inc., for breach-of-contract and bad-faith damages. Assurance denied a claim made under a builder’s risk insurance policy it issued to Fontana. Fontana cross-appeals from the judgment only with respect to the amount of interest the circuit court allowed under WIS. STAT. § 807.01 (2015-16) for the bad-faith damages. We affirm the judgment as to the appeal but, given the unique facts at play, reverse as to the cross-appeal, as we agree that interest on the bad-faith claim should have been awarded under § 807.01 (2009-10), the version of the statute in effect when the initial judgment on the verdicts was entered.

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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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