Burgraff v. Menard, Inc.

¶ 1. Kenneth Burgraff was injured while an employee of Menard, Inc., was loading materials onto Burgraffs trailer using a forklift. Burgraff sued Menard for damages. Menard tendered defense of Burgraffs claim to Burgraffs car insurer, Millers First Insurance Company, asserting it was entitled to coverage under the Millers First policy as a permissive user of Burgraffs vehicle. In addition to the Millers First policy, Menard had a commercial general liability policy issued by CNA, which included a $500,000 self-insured retention.

¶ 2. Menard raises two issues on appeal. First, Menard argues the…