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Insurance Claim – Duty to Defend

By: Derek Hawkins//June 10, 2019//

Insurance Claim – Duty to Defend

By: Derek Hawkins//June 10, 2019//

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WI Court of Appeals – District III

Case Name: Society Insurance, et al. v. Bessemer Plywood Company, et al.

Case No.: 2018AP224

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

Focus: Insurance Claim – Duty to Defend

Bessemer Plywood Company and Harleysville Lake States Insurance Company (collectively, “Bessemer”) appeal a grant of summary judgment in favor of Great West Casualty Company (“Great West”). Bessemer contends that the circuit court erred by determining that Great West had no duty to defend or to indemnify Bessemer against claims arising from a slip and fall accident in which Scott Friedle, an employee of Great West’s insured, Maki Trucking & Logging (“Maki”), suffered severe injuries at a Bessemer facility. We conclude that an exclusion in Great West’s policy precludes coverage of Bessemer for Friedle’s injury as a matter of law, and Great West therefore had no duty to defend or to indemnify Bessemer. Accordingly, we affirm.

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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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