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Insurance Claim – Duty to Defend

By: Derek Hawkins//March 6, 2019//

Insurance Claim – Duty to Defend

By: Derek Hawkins//March 6, 2019//

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WI Court of Appeals – District IV

Case Name: Jody Ann Anderson v. Kayser Ford, Inc.

Case No.: 2017AP2018

Officials: Sherman, Blanchard, and Fitzpatrick, JJ.

Focus: Insurance Claim – Duty to Defend

Jody Ann Anderson initiated this lawsuit against Kayser Ford, Inc. Kayser’s insurer, Regent Insurance Company, intervened, in part to try to establish that Regent has no duty to defend Kayser. Kayser appeals an order of the circuit court dismissing Regent from the suit and declaring that Regent has no duty to defend Kayser at this time. We reverse the order because we conclude that Regent has a continuing duty to defend Kayser. The duty continues because Regent cannot establish as a matter of law that no theory of liability in Anderson’s complaint may yet obligate Regent to indemnify Kayser, and the circuit court did not determine that Regent has no arguable indemnification liability on any claim in the complaint.

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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.

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