Legal Opinion

Baumann v. Elliott

Court of Appeals of Wisconsin

Decided July 20, 2005No. 2004AP2177PublishedCited by 20 opinions

1Opinion of the CourtBrown, J.

¶ 1. This case comes to us on summary judgment. The court found that an insurer had no duty to indemnify its insured or to provide him with a defense in an action for defamation of character because the policy required an "occurrence" to trigger coverage for "personal injury." The defendant claims the court should have limited its duty-to-defend analysis to the "four corners" of the plaintiffs complaint and that even if the policy does not cover the allegations in the complaint, we should read coverage into his policy because coverage limited to "accidental" defamation is illusory. We hold…

2Cases cited13 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Elliott v. DonahueWisconsin Supreme Court · 1992
  3. Grube v. DaunCourt of Appeals of Wisconsin · 1992
  4. Shorewood School Dist. v. Wausau Ins.Wisconsin Supreme Court · 1992
  5. Denny v. MertzWisconsin Supreme Court · 1982

8 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. ESTATE OF SUSTACHE v. American Family Mutual Insurance CompanyWisconsin Supreme Court · 2008
  2. Liebovich v. Minnesota InsuranceWisconsin Supreme Court · 2008
  3. Water Well Solutions Service Group Inc. v. Consolidated Insurance CompanyWisconsin Supreme Court · 2016
  4. Olson v. FarrarWisconsin Supreme Court · 2012
  5. J. G. v. WangardWisconsin Supreme Court · 2008

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