Legal Opinion
State Farm Fire & Casualty Co. v. Acuity
Court of Appeals of Wisconsin
Decided March 15, 2005No. 04-1621PublishedCited by 5 opinions
1Opinion of the CourtCane, C.J.
¶ 1. Dr. K Excavating, LLC and David Krause 1 appeal a judgment declaring that Acuity has no duty under its business liability policy with Krause to defend or indemnify Krause for damages to Gayle and Steven Kagen's home. Those damages occurred when Krause was attempting to remove two fuel oil tanks and the oil they contained. During the removal, oil escaped onto the Kagens' property. Krause argues that Acuity has a duty to defend because (1) the residual smell of fuel oil in the Kagens' home caused "property damage" covered by Krause's policy with Acuity; (2) the policy's pollution exclusion…
2Cases cited13 opinions
- American Family Mutual Insurance v. American Girl, Inc.Wisconsin Supreme Court · 2004
- Wausau Tile, Inc. v. County Concrete Corp.Wisconsin Supreme Court · 1999
- Smith v. Atlantic Mutual InsuranceWisconsin Supreme Court · 1990
- Lawver v. BolingWisconsin Supreme Court · 1976
- Wisconsin Label Corp. v. Northbrook Property & Casualty InsuranceWisconsin Supreme Court · 2000
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- United Cooperative v. Frontier FS CooperativeCourt of Appeals of Wisconsin · 2007
- Acuity v. Society InsuranceWisconsin Supreme Court · 2012
- Employers Mutual Casualty Co. v. Horace Mann InsuranceCourt of Appeals of Wisconsin · 2005
- Great Lakes Beverages, LLC v. WochinskiCourt of Appeals of Wisconsin · 2017
- Phillips v. ParmeleeCourt of Appeals of Wisconsin · 2012