Business Enterprise Exclusion Precludes Coverage, Wisconsin Majority Affirms

Mealey's (July 6, 2016, 1:25 PM EDT) -- MADISON, Wis. — A majority of the Wisconsin Supreme Court on June 30 affirmed that a professional liability errors and omissions insurance policy’s business enterprise exclusion bars coverage for six underlying lawsuits against a professional trustee insured, finding that the insured relied on a “stunted strand of law” in arguing that the insurer has a duty to defend (David M. Marks v. Houston Casualty Co., et al., No. 2013AP2756, Wis. Sup.; 2016 Wisc. LEXIS 162).

(Opinion available. Document #13-160707-038Z.)

David Marks is the professional trustee of...
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