Legal Opinion

Berg v. Schultz

Court of Appeals of Wisconsin

Decided December 13, 1994No. 94-0984PublishedCited by 24 opinions

1Opinion of the CourtCane, P.J.

Summit Fidelity and Surety Company appeals a summary judgment granted in favor of Jeffry Berg and Elizabeth Schultz individually and Schultz's Bar (collectively Schultz) based on the determination that Summit owes a duty to defend and indemnify Schultz as to the claims asserted against the bar. Summit contends that there was no coverage under the insurance policy because Berg's injuries "arose out of' an assault and/or battery, which Summit asserts is an exception to the coverage. Because we conclude that the assault and battery exclusion does apply, we reverse the trial court.

BACKGROUND

This…

2Cases cited11 opinions

  1. Kremers-Urban Co. v. American Employers Insurance Co.Wisconsin Supreme Court · 1984
  2. Smith v. Atlantic Mutual InsuranceWisconsin Supreme Court · 1990
  3. Bankert Ex Rel. Habush v. Threshermen's Mutual Ins.Wisconsin Supreme Court · 1983
  4. Illinois Employers Insurance v. DragovichMichigan Court of Appeals · 1984
  5. Paape v. Northern Assurance Co. of AmericaCourt of Appeals of Wisconsin · 1987

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

3Cited by24 opinions

  1. Doyle v. EngelkeWisconsin Supreme Court · 1998
  2. 1325 North Van Buren, LLC v. T-3 Group, Ltd.Wisconsin Supreme Court · 2006
  3. Trainwreck West Inc. v. Burlington Insurance Co.Missouri Court of Appeals · 2007
  4. Stuart v. Weisflog's Showroom Gallery, Inc.Wisconsin Supreme Court · 2008
  5. Marshall Schinner v. Michael GundrumWisconsin Supreme Court · 2013

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

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