Insurance – Liability

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WI Court of Appeals – District II

Case Name: West Bend Mutual Insurance Co., et al. v. Calumet Equity Mutual Insurance Co.

Case No.: 2018AP435

Officials: Blanchard, Kloppenburg and Fitzpatrick, JJ.

Focus: Insurance – Liability

Calumet Equity Mutual Insurance Company appeals orders of the Washington County Circuit Court granting summary judgment, awarding attorney fees to West Bend Mutual Insurance Company, and awarding attorney fees to David Schaefer. West Bend and David Schaefer contend that David is afforded coverage for claims against David in a previous lawsuit pursuant to a liability insurance policy issued by Calumet to Raymond Schaefer, David’s father. Calumet contends that the circuit court erred in concluding that David is an insured under Raymond’s Calumet policy because David’s pertinent conduct was that of a “person[] in the course of performing domestic duties that relate to the ‘insured premises.’” Applying controlling case law, we agree with Calumet and reverse with directions to the circuit court to enter summary judgment in favor of Calumet.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.