Legal Opinion
Estate of Sustache Ex Rel. Sustache v. American Family Mutual Insurance Co.
Court of Appeals of Wisconsin
Decided May 30, 2007No. 2006AP939PublishedCited by 12 opinions
1Opinion of the CourtNettesheim, J.
¶ 1. This is an insurance duty-to-defend case. The usual mechanism for determining whether an insurer owes a duty to defend is the "four corners" of the complaint. Doyle v. Engelke, 219 Wis. 2d 277, 284 and n.3, 580 N.W.2d 245 (1998). The question posed by this case is whether there is an exception to the four-corners rule where (1) a third party's complaint alleges an intentional act, (2) the insurance policy does not cover such acts, and (3) the insured affirmatively defends on grounds of self-defense.
¶ 2. We hold that the most recent decisions from our supreme court have tacitly overruled…
2Cases cited13 opinions
- Green Spring Farms v. KerstenWisconsin Supreme Court · 1987
- In RE MARRIAGE OF COOK v. CookWisconsin Supreme Court · 1997
- Grieb v. Citizens Casualty Co.Wisconsin Supreme Court · 1967
- Doyle v. EngelkeWisconsin Supreme Court · 1998
- Teschendorf v. State Farm Ins. CompaniesWisconsin Supreme Court · 2006
8 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- ESTATE OF SUSTACHE v. American Family Mutual Insurance CompanyWisconsin Supreme Court · 2008
- Water Well Solutions Service Group Inc. v. Consolidated Insurance CompanyWisconsin Supreme Court · 2016
- Vermont Mutual Insurance v. WalukiewiczSupreme Court of Connecticut · 2009
- Johnson Controls, Inc. v. London MarketWisconsin Supreme Court · 2010
- SOUTHEAST WISCONSIN v. MitsubishiCourt of Appeals of Wisconsin · 2007
7 more not listed; retrieve them via the Exa API.