Insurance Claim – Liability

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WI Court of Appeals – District IV

Case Name: American Family Insurance Company v. Chatavier Bell-Johnson, et al.

Case No.: 2017AP2270

Officials: Lundsten, P.J., Sherman and Blanchard, JJ.

Focus: Insurance Claim – Liability

Joseph Grider, Kayden Sympson, Kendra Sympson, and the personal representative of the estate of Cassondra Sympson (collectively, the Sympsons) appeal orders of the circuit court granting summary judgment in favor of American Family Mutual Insurance Company and Empire Fire and Marine Insurance Company. The Sympsons were injured when their vehicle was involved in an accident with a vehicle driven by Johnquayl Bell. Bell’s vehicle had been rented by Nicholas Cade, who had given Bell permission to drive the vehicle. At the time of the accident, Cade was insured under separate liability policies issued by American Family and Empire. The circuit court determined that the American Family and Empire policies did not provide coverage for the Sympsons’ claims. The Sympsons raise various arguments as to why summary judgment is not appropriate. We affirm in part and reverse in part and remand for further proceedings.

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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.