In a March 6, 2019 article appearing in Law360, Hunton insurance team partner, Syed Ahmad, commented on the Wisconsin Supreme Court’s recent reinforcement of a general liability insurer’s broad duty to defend in West Bend Mut. Ins. Co. v. Ixthus Med. Supply, Inc. In the article, Ahmad noted that “the ruling puts some real
The Wisconsin Supreme Court held last week in West Bend Mut. Ins. Co. v. Ixthus Med. Supply, Inc., that West Bend Mutual Insurance Co. (“West Bend”) could not escape its duty to defend by relying on the knowing violation and criminal acts exclusions in a commercial general liability policy issued to Ixthus Medical Supply, Inc. (“Ixthus”). The court required the insurer to defend notwithstanding underlying allegations that Ixthus acted wrongfully and knowingly in defrauding Abbott Laboratories (“Abbott”).
Hunton insurance recovery partner Syed Ahmad was recently asked by Insurance Law360 to opine concerning key insurance issues that are pending before the Wisconsin Supreme Court and ripe for decision this fall. In the article, which can be found here, Ahmad notes with respect to the case of Secura Insurance v. Ray Duerr Logging LLC, case number 2016AP299, concerning whether damage tied to a wildfire constitutes one or multiple occurrences for coverage purposes, the Court of Appeals did a good job of focusing on the particulars of the claim at hand and not superficially relying on abstract labels like “cause test” or “effects test,” that are not all that illuminating, explaining that what one party characterizes as the “cause” of a loss can often be what another party deems to be “effect” resulting in the loss.