By: Derek Hawkins//September 22, 2020//
WI Court of Appeals – District III
Case Name: Uneeda Rest, LLC, v. Rick Hexum, et al.,
Case No.: 2019AP1357
Officials: Stark, P.J., Hruz and Seidl, JJ.
Focus: Insurance Claim – Coverage
Jake Westerhof and Uneeda Rest, LLC, appeal a summary judgment granted in favor of Wisconsin Mutual Insurance Company. The circuit court concluded insurance policies that Wisconsin Mutual had issued to Westerhof did not provide coverage for Rick Hexum’s claims against Westerhof and Uneeda Rest. We agree that Wisconsin Mutual’s policies do not provide coverage for two of the three kinds of property damage asserted by Hexum. However, the circuit court erred by concluding, as a matter of law, that the policies do not cover Hexum’s claim for damage to his noneasement property. We therefore affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.