Insurance Claim – Duty to Defend

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WI Court of Appeals – District IV

Case Name: Kevin D. Trost, et al. v. Haack Homestead Inspections, LLC, et al.

Case No.: 2018AP2344

Officials: Fitzpatrick, P.J., Blanchard and Kloppenburg, JJ.

Focus: Insurance Claim – Duty to Defend

Raymond and Donna Weihofen appeal an order of the Dane County Circuit Court granting summary judgment in favor of Economy Premier Assurance Company on the issue of whether Economy had a duty to defend the Weihofens against claims brought by Kevin Trost and Jennifer Gagne. Trost and Gagne purchased a house from the Weihofens.  After purchasing the house, the Buyers discovered a bat infestation and water intrusion inside the house, and the Buyers brought suit against the Weihofens. The Weihofens’ liability insurer, Economy, intervened in the lawsuit to request a determination by the circuit court on the issue of whether Economy has a duty to defend the Weihofens against the Buyers’ claims. The circuit court concluded that Economy does not have a duty to defend and granted Economy’s motion for summary judgment.

We conclude that Economy has no duty to defend the Weihofens against the allegations in the Buyers’ complaint under the liability policy that Economy issued to the Weihofens. Accordingly, we affirm the circuit court’s order.

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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.