Clarke Company, Limited v. American Family Mutual Ins. Co

Clarke Company, Limited ("Clarke") commenced this lawsuit against its insurer, American Family Mutual Insurance Company ("American Family"), alleging American Family wrongfully denied coverage for defense and indemnity of a lawsuit brought against Clarke in state court. The district court 1 granted summary judgment in favor of American Family. The claims as pled in the underlying state court action did not give rise to a duty to defend. It follows that no duty to indemnify can exist. We affirm.

I. Background

The parties submitted a stipulated record to the district court. From approximately…