Legal Opinion
Smith v. State Farm Fire & Casualty Co.
Court of Appeals of Wisconsin
Decided October 28, 1985No. 85-1218PublishedCited by 15 opinions
1Opinion of the CourtEich, J.
State Farm Fire and Casualty Company appeals from an order denying its motion for summary judgment. Respondents James Smith and Thomas White were sued in Iowa by a third party for their role in a real estate transaction. The issue is whether State Farm, respondents' insurer, had a duty to defend them in the Iowa action under the terms of a commercial umbrella policy.
We conclude: (1) that State Farm's duty to defend is determined by the nature of the claim stated in the Iowa complaint, despite the availability of later depositions and other discovery materials in the action; and (2) that the…
2Cases cited12 opinions
- Grieb v. Citizens Casualty Co.Wisconsin Supreme Court · 1967
- Sola Basic Industries, Inc. v. United States Fidelity & Guaranty Co.Wisconsin Supreme Court · 1979
- Pachucki v. Republic Insurance Co.Wisconsin Supreme Court · 1979
- Wright v. HasleyWisconsin Supreme Court · 1979
- Gerrard Realty Corp. v. American States InsuranceWisconsin Supreme Court · 1979
7 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Professional Office Buildings, Inc. v. Royal Indemnity Co.Court of Appeals of Wisconsin · 1988
- Lucas v. GodfreyCourt of Appeals of Wisconsin · 1991
- Ehlers v. JohnsonCourt of Appeals of Wisconsin · 1991
- Greene Ex Rel. Schoone v. General Casualty Co.Court of Appeals of Wisconsin · 1997
- Brooks v. Bank of Wisconsin DellsCourt of Appeals of Wisconsin · 1991
10 more not listed; retrieve them via the Exa API.