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KALCHTHALER v. KELLER CONST. CO.

Nos. 97-2198, 98-0258.

224 Wis.2d 387 (1999)

591 N.W.2d 169

Virgil KALCHTHALER and Morningside Terrace, Inc., Plaintiffs, v. KELLER CONSTRUCTION COMPANY, Wolterstorff Architects, Inc., P.A., and Security Insurance Company of Hartford, Defendants-Respondents, AETNA CASUALTY & SURETY COMPANY, Defendant-Appellant, MIKE KOENIG CONSTRUCTION, Secura Insurance Company, Windsor Window Company, a division of W. Window Company and Maryland Insurance Company, Defendants. Virgil KALCHTHALER and Morningside Terrace, Inc., Plaintiffs, v. KELLER CONSTRUCTION COMPANY, Defendant-Respondent, WOLTERSTORFF ARCHITECTS, INC., P.A., and Security Insurance Company of Hartford, Defendants, AETNA CASUALTY & SURETY COMPANY, Defendant-Appellant, MIKE KOENIG CONSTRUCTION, Secura Insurance Company, Windsor Window Company, a division of W. Window Company and Maryland Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided January 13, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant Aetna Casualty & Surety Company, the cause was submitted on the briefs of John D. Bird, Jr. and Kathryn M. Corsmeier of Bird, Martin & Salomon, S.C. of Milwaukee. There was oral argument by John D. Bird, Jr.

On behalf of the defendant-respondent Keller Construction Company, the cause was submitted on the briefs of Linda S. Isnard, David J. Nolden and Gilbert J. Berthelsen of Capwell & Berthelsen of Racine.

On behalf of the defendants-respondents Wolterstorff Architects, Inc., P.A., and Security Insurance Company of Hartford, there were briefs and oral argument by James L. Kirschnik of Law Offices of James L. Kirschnik, S.C. of Brookfield.

Before Brown, Nettesheim and Anderson, JJ.

BROWN, J.

This case demands our interpretation of a new exception to the business risk exclusion in a standard form commercial general liability (CGL) insurance policy. In the standard policy, there is an exclusion barring coverage of property damage arising out of the completed work of the insured. An exception to this exclusion was added to standard form CGL policies in 1986, stating that the exclusion does not apply...

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