Insurance Claim – Negligence

Listen to this article

WI Court of Appeals – District III

Case Name: Emer’s Camper Corral, LLC v. Michael A. Alderman, Inc., et al.

Case No.: 2018AP458

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Insurance Claim – Negligence

Emer’s Camper Corral, LLC, (“Camper Corral”) sued Michael Alderman and Alderman, Inc. d/b/a Jensen-Sundquist Insurance Agency (collectively, “Alderman”), asserting a single claim for negligence. Specifically, Camper Corral alleged that Alderman breached his duty as its insurance agent by procuring a policy for Camper Corral that contained a $5000 per-unit deductible for hail damage claims, instead of a policy with a $1000 per-unit hail damage deductible and an aggregate hail damage deductible of $5000. The case proceeded to a jury trial, and the circuit court ultimately granted Alderman’s motion for a directed verdict on two grounds: (1) Camper Corral failed to present an expert witness to testify regarding the standard of care; and (2) Camper Corral failed to establish that Alderman’s alleged negligence caused its damages.

We conclude the circuit court properly granted Alderman a directed verdict. To prevail on its negligence claim, Camper Corral was required to prove that Alderman’s conduct caused Camper Corral’s damages—that is, that his conduct was a substantial factor in producing those damages. In order to do so, Camper Corral needed to establish that, but for Alderman’s alleged negligence, Camper Corral could have obtained a policy that included a lower hail damage deductible than the policy Alderman actually obtained. Camper Corral failed to produce any evidence supporting a conclusion that it would have been able to obtain such a policy, absent Alderman’s alleged negligence. As such, Camper Corral could not establish, as a matter of law, that Alderman’s conduct was a cause of its damages. We therefore affirm the circuit court’s decision granting Alderman a directed verdict.

Recommended for Publication

Full Text

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.