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BROWN v. MR GROUP, LLC

No. 03-2309.

278 Wis.2d 760 (2005)

2005 WI App 24

693 N.W.2d 138

Lisa J. BROWN, Estate of Damon L. Brown, Jr., and Damon L. Brown, Sr., Plaintiffs, WAUKESHA COUNTY DEPARTMENT OF HEALTH & SOCIAL SERVICES, Subrogated-Plaintiff, v. MR GROUP, LLC, Michael Fohl, Herrell Grading Inc., a/k/a Herrell Trucking, Inc., and General Casualty Company of Wisconsin, Defendants, Ralph W. RAUSH, Individually and d/b/a West Avenue Real Estate, LLC, formerly d/b/a MR Group, LLC, a/k/a RWR Storage, and d/b/a All One Storage, formerly d/b/a Lake & Country Storage of Muskego, formerly d/b/a U-Lock Up Self Storage, Defendant-Appellant, ACUITY, A Mutual Insurance Company, Intervenor, WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 26, 2005.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Brian M. Brejcha and Kathryn Sawyer Gutenkunst of Cramer, Multhauf & Hammes, LLP of Waukesha.

On behalf of the defendant-respondent, the cause was submitted on the brief of Christine M. Genthner of Jeffrey Leavell, S.C. of Racine.

Before Anderson, P.J., Brown and Nettesheim, JJ.

¶ 1. BROWN, J.

This is the first case that construes how comprehensive general liability policies should be interpreted as they apply to Wisconsin limited liability companies with respect to "Named Insured" language. We hold that when a clause in a standard CGL policy refers to a "manager" or "member" of a limited liability company, the signators to the insurance policy intend for those words to mean the same as they...

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