By: Derek Hawkins//July 16, 2019//
WI Court of Appeals – District IV
Case Name: Keith E. Schroeder, et al. v. Zurich American Insurance Company, et al.
Case No.: 2018AP1737
Officials: Blanchard, Kloppenburg and Fitzpatrick, JJ.
Focus: Insurance Claim – Negligence
Keith Schroeder and his insurer, Humana Insurance Company (collectively, Schroeder), appeal a summary judgment granted in favor of Fahrner Asphalt Sealers. Schroeder sued Fahrner for negligence related to a chip seal project on a road in the Town of Fulton, and Schroeder also sued Fahrner’s insurer, Zurich American Insurance Company. The circuit court determined that Fahrner was an “agent” of the Town and entitled to governmental immunity under WIS. STAT. § 893.80(4) (2017-18), and dismissed Schroeder’s personal injury claims. We agree that Fahrner was acting as an agent of the Town and is entitled to governmental immunity. Accordingly, we affirm.