Insurance Claim – Coverage

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WI Court of Appeals – District I

Case Name: John Doe v. David P. Foley, et al.,

Case No.: 2019AP667

Officials: Brash, P.J., Dugan and Donald, JJ.

Focus: Insurance Claim – Coverage

John Doe appeals the order granting summary judgment to Big Brothers and Big Sisters of Metropolitan Milwaukee (BBBS) and BBBS’s insurance carrier, First Nonprofit Insurance Company (First Nonprofit). Doe initially brought an action against David P. Foley, BBBS, and fictitious insurance companies, alleging that Foley sexually assaulted Doe while Doe was a “little brother” in the BBBS program. Doe brought claims against BBBS for respondeat superior and negligent hiring, training, and supervision, and for punitive damages. First Nonprofit intervened and sought a declaration that neither the primary policy nor the umbrella policy issued to BBBS provided coverage for Foley’s alleged actions. The circuit court ultimately granted First Nonprofit’s motion. BBBS then moved for summary judgment on Doe’s claims. The circuit court granted the motion. Because we conclude that there are no issues of material fact, we affirm the circuit court.

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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.