ACUITY, A Mut. Ins. Co. v. Partners Mut. Ins. Co., 2007 WI App 1, 298 Wis. 2d 248, 726 N.W.2d 357
Decision Date: 11/22/06
Appeal from a judgment of the circuit court for Waukesha County. Reversed.
Attorney(s): Christine M. Rice
S&D initiated a subrogation action against Waukesha Iron Works, their employee, and their liability insurer, seeking damages arising out of an incident involving damage to a forklift. The Waukesha Iron Works’ employee cut a link out of the chain securing the forklift at a job site. The forklift was damaged while the employee used the same for his job duties. The trial court granted Partners Mutual Insurance Company’s motion for declaratory judgment holding that Partners had no duty to defend or indemnify the defendants based on an exclusion in the inland marine coverage part of Partners’ policy barring coverage for dishonest acts. Outlining the standard for insurance policy interpretation, the appellate court agreed with S&D that coverage existed under Partners’ commercial general liability portion of the policy. The court held that an exclusion applicable to one coverage part of the policy does not defeat insurance coverage in another policy part.
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