Insurance Claim – Coverage

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WI Court of Appeals – District III

Case Name: David W. Paynter, et al. v. ProAssurance Wisconsin Insurance Company, et al.

Case No.: 2017AP739

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

Focus: Insurance Claim – Coverage

This case is before us for the second time, on remand from the Wisconsin Supreme Court. The supreme court determined that under Wisconsin’s borrowing statute, Wisconsin’s statute of limitations applied to and did not bar David and Kathryn Paynter’s claim that Dr. James Hamp negligently failed to diagnose David’s cancer. The only remaining issue on appeal is whether an insurance policy that ProAssurance Wisconsin Insurance Company issued to Hamp provides coverage for the Paynters’ medical negligence claim. The circuit court granted ProAssurance summary judgment based on a policy endorsement stating that ProAssurance would not pay damages for “any liability arising from, relating to, or in any way connected with the rendering of or failure to render professional services by [Hamp] … in the State of Michigan and/or outside the State of Wisconsin.” (Formatting altered.) We conclude the undisputed evidence establishes that Hamp’s alleged liability in this case is “connected with” professional services that Hamp performed in Michigan. We therefore affirm the circuit court’s determination that ProAssurance’s policy does not provide coverage for the Paynters’ medical negligence claim.

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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.