Legal Opinion

Archie A. Talley v. Mustafa Mustafa

Wisconsin Supreme Court

Decided May 11, 2018No. 2015AP002356PublishedCited by 20 opinions

1Opinion of the CourtRebecca Grassl Bradley, J.

*399¶ 1 In this insurance coverage dispute, we consider whether a business-owners liability policy covers a negligent supervision claim arising out of an alleged employee's1 intentional act of physically punching a customer in the face. We hold that this insurance policy does not provide coverage under these circumstances. When the negligent supervision claim pled rests solely on an employee's intentional and unlawful act without any separate basis for a negligence claim against the employer, no coverage exists. Accordingly, we reverse the decision of the court of appeals,2 which *59reversed the…

2Cases cited24 opinions

  1. American Family Mutual Insurance v. American Girl, Inc.Wisconsin Supreme Court · 2004
  2. Garriguenc v. LoveWisconsin Supreme Court · 1975
  3. Doyle v. EngelkeWisconsin Supreme Court · 1998
  4. United National Ins. Co. v. The Tunnel, Inc. v. Jeffrey BernsteinCourt of Appeals for the Second Circuit · 1993
  5. ESTATE OF SUSTACHE v. American Family Mutual Insurance CompanyWisconsin Supreme Court · 2008

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3Cited by20 opinions

  1. Elliot Brey v. State Farm Mutual Automobile Insurance CompanyWisconsin Supreme Court · 2022
  2. Friends of Frame Park, U.A. v. City of WaukeshaWisconsin Supreme Court · 2022
  3. West Bend Mutual Ins. Co. v. Ixthus Medical Supply, Inc.Wisconsin Supreme Court · 2019
  4. Femala Fleming v. Amateur Athletic Union of the United States, Inc.Wisconsin Supreme Court · 2023
  5. Secura Supreme Insurance Company v. The Estate of Daniel Keith HuckWisconsin Supreme Court · 2023

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