5 WALWORTH, LLC v. ENGERMAN CONTRACTING

Appeal Nos. 2019AP1085 2019AP1086.

963 N.W.2d 779 (2021)

2021 WI App 51

5 WALWORTH, LLC, Plaintiff, v. ENGERMAN CONTRACTING, INC., West Bend Mutual Insurance Company and General Casualty Company of Wisconsin, Defendants, Downes Swimming Pool Co., Inc. and The Cincinnati Insurance Company, Defendants-Third-Party Plaintiffs, v. Otto Jacobs Company, LLC, Third-Party Defendant-Appellant, Acuity, a Mutual Insurance Company, Third-Party Defendant-Respondent. 5 Walworth, LLC, Plaintiff, v. Engerman Contracting, Inc., Defendant-Appellant, West Bend Mutual Insurance Company and General Casualty Company of Wisconsin, Defendants-Respondents, Downes Swimming Pool Co., Inc. and The Cincinnati Insurance Company, Defendants-Third-Party Plaintiffs, v. Otto Jacobs Company, LLC, and Acuity, a Mutual Insurance Company, Third-Party Defendants.

Court of Appeals of Wisconsin.

Opinion Filed: July 30, 2021.


Attorney(s) appearing for the Case

On behalf of the third-party defendant-appellant Otto Jacobs Company, LLC, the cause was submitted on the briefs of Sheila Shadman Emerson and Scott R. Halloin of Halloin Law Group, S.C., Milwaukee.

On behalf of the third-party defendant-respondent Acuity, a Mutual Insurance Company, the cause was submitted on the brief of Stuart R. Deardorff and Joseph M. Mirabella of Simpson and Deardorff, S.C., Milwaukee.

On behalf of the defendant-appellant Engerman Contracting, Inc., the cause was submitted on the briefs of Thomas G. Gardiner and Richard C. Gleason (admitted pro hac vice) of Gardiner Koch Weisberg & Wrona, Chicago, Illinois.

On behalf of the defendant-respondent General Casualty Company of Wisconsin, the cause was submitted on the brief of Robert F. Johnson and Douglas M. Raines of von Briesen & Roper, S.C., Milwaukee.

On behalf of defendant-respondent West Bend Mutual Insurance Company, the cause was submitted on the brief of Henry E. Koltz of Schmidt, Darling & Erwin, Milwaukee.

Before Reilly, P.J., Gundrum and Davis, JJ.


¶1 These consolidated appeals require us to address two common, and somewhat related, perceptions concerning standard commercial general liability (CGL) insurance policies. The first is that such policies never cover an insured who is sued for the cost of replacing or repairing defective...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases