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WATERSTONE BANK v. AMERICAN FAMILY

No. 2012AP912.

832 N.W.2d 152 (2013)

2013 WI App 60

WATERSTONE BANK, SSB, p/k/a Wauwatosa Savings Bank, Plaintiff-Appellant, Paul Bachowski, Involuntary-Plaintiff, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed April 24, 2013.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Christopher P. Riordan and Alan G.B. Kim, Jr. of von Briesen & Roper, S.C., Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Robert C. Burrell and Patryk Silver of Borgelt, Powell, Peterson & Frauen, S.C., Madison.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.

NEUBAUER, P.J.

¶ 1 In this property insurance dispute, American Family Mutual Insurance Company denied loss payment because its businessowners policy does not cover loss or damage caused by water damage, vandalism or theft if the property is vacant for more than sixty days. Waterstone Bank, SSB (the Bank) argues that the policy's mortgageholder clause entitles it to recover because American Family's denial under the vacancy provision was based on an act of the...

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