Claim for Agent's Negligence Requires Potential Coverage
Aug 25, 2010
From 'Watertown Tire Recyclers v. Nortman' (2009AP2465)
"This appeal concerns a negligence claim by Watertown Tire
Recyclers against an insurance agent for the agent's alleged
failure to procure a policy that protected Watertown against a
substantial and anticipated risk, a stockpile tire fire. More
specifically, Watertown alleged that the agent negligently
procured a policy with a broad pollution exclusion that resulted
in a denial of coverage after a serious accidental tire fire.
After determining that the policy would have precluded coverage
regardless of the alleged negligence, the circuit court granted
summary judgment in favor of the agent. We affirm."
