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 The
Firm wins big in the Wisconsin Supreme Court:
In Jamie Vandenberg v. The Continental Ins Company,
98-CV-712, (View)
the Wisconsin Supreme Court rendered a favorable decision
to one of the firm's personal injury clients involving the
tragic death of her infant son. The case was presented to
the Court on the written and oral argument of Christopher
H. Evenson.
The Court interpreted a provision common to homeowner's liability
insurance policies known as the business pursuits exclusion.
This provision is intended to restrict the liability coverage
to claims which arise within the personal sphere of one's
life, and excluding claims that arise out of business activities.
While this provision had been addressed in three cases at
the Court of Appeals level, it is the first time that the
Wisconsin Supreme Court has interpreted it. The Wisconsin
Supreme Court concluded that applied to the facts of this
specific case, the language of the policy was ambiguous and
therefore coverage for our firm's clients was found to exist.
It is anticipated that the case will be of benefit to the
plaintiff's bar in helping to prevent denial of meritorious
claims based on an insurer's reliance on an ambiguous policy
provision. Further, it gives insurers incentive to clarify
the policy language in plain common sense terms. Lastly, it
hopefully alerts those individuals who are providing in-home
day care that they must examine whether they have the insurance
coverage that they need as part of the business service they
offer.
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