Grotelueschen Ex Rel. Doherty v. American Family Mutual Insurance

I disagree with the majority opinion for two reasons: First, I disagree with the majority's holding that the insurance policy covers the liability of the insured partners, as individuals, for every negligent act even though they are acting outside the scope of the partnership at the time the liability is incurred. Secondly, I disagree with the majority's holding that, as a matter of law, the partner was acting within the scope of the partnership at the time of the injury.

I conclude that the policy covers individual partners only for liability incurred while acting in their capacity as…