Doyle v. Engelke

580 N.W.2d 245, 219 Wis. 2d 277, 1998 Wisc. LEXIS 98
CourtWisconsin Supreme Court
DecidedJune 24, 1998
Docket96-0680
StatusPublished
Cited by112 cases

This text of 580 N.W.2d 245 (Doyle v. Engelke) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doyle v. Engelke, 580 N.W.2d 245, 219 Wis. 2d 277, 1998 Wisc. LEXIS 98 (Wis. 1998).

Opinions

ANN WALSH BRADLEY, J.

¶1. The petitioners, Wisconsin Voice of Christian Youth, Inc. and Vic Eliason (collectively WVCY) and Intervenor Employers Insurance of Wausau (Employers) seek review of an unpublished decision of the court of appeals which affirmed a circuit court grant of summary judgment in favor of Intervenor St. Paul Fire & Marine Insurance Company (St. Paul) determining that it was not obligated to defend or provide coverage under its policy.1 The petitioners contend that the circuit court erred in concluding that St. Paul's policy with WVCY (the Policy) did not cover the slander of title, third-party negligent supervision, and invasion of privacy claims against WVCY.

¶2. We determine that while St. Paul's Policy excuses it from indemnifying WVCY on slander of title claims, the Policy does not excuse St. Paul from defending the negligent supervision claim. Because Employers and WVCY have not preserved the invasion of privacy coverage claim on appeal, we do not reach it. Accordingly, we affirm in part and reverse in part the decision of the court of appeals.

¶ 3. This case derives from an anti-abortion demonstration outside a clinic near Milwaukee, Wisconsin. [282]*282Shortly after the demonstration, the defendant, Ward Engelke, alleged that the plaintiff, Catherine Doyle, had cursed at and kicked his daughter, Ekaterina Engelke, in the face while she was praying outside of the clinic. Engelke's allegations were covered extensively in the print media and in broadcasts by a radio station owned by WVCY. Subsequently, two employees of WVCY, David Kanz and Louis Schierbeck, filed a false security agreement with the Secretary of State, thereby encumbering the assets of Doyle. They also served a false subpoena at Doyle's residence.

¶4. Based on these incidents, Doyle filed suit against Engelke, WVCY, and eleven other related defendants. Doyle's Third Amended Complaint, the complaint currently before us, alleges eleven different causes of action arising from the actions of Engelke, WVCY, and WVCY's employees. Based on an insurance policy covering defamation actions against WVCY, Employers has defended WVCY against Doyle's defamation and other claims.

¶ 5. St. Paul also insures WVCY and its employees under a number of policies, including a comprehensive general liability policy which covers "bodily injuries" caused by WVCY or its employees. During the pendency of this suit before the circuit court, St. Paul intervened as a defendant pursuant to Wis. Stat. § 803.09 (1993-94).2 St. Paul then filed a motion for summary judgment asking the circuit court to determine that pursuant to the terms of its Policy with WVCY, St. Paul was not obligated to defend WVCY or provide coverage in the event of a judgment adverse to WVCY. Employers also intervened as a party for purposes of contesting the scope of St. Paul's [283]*283duty to defend WVCY. The circuit granted summary judgment and determined that St. Paul was not obligated to defend or indemnify WVCY on any of Doyle's claims.

¶ 6. WVCY and Employers appealed. On appeal all of the parties concede that eight of Doyle's eleven claims are not covered by the Policy. Employers and WVCY contend, however, that Doyle's negligent supervision, slander of title, and invasion of privacy claims are covered by the Policy.

¶ 7. The court of appeals affirmed the circuit court's grant of summary judgment. The appellate court determined that St. Paul was not required to provide coverage for or defend Doyle's claim for negligent supervision since the Policy's intentional act exclusion applied to the actions of WVCY's employees; that Doyle's property based slander of title action was not covered by the Policy provision covering the more common slander to personal reputation cause of action; and that WVCY's claim for coverage of Doyle's invasion of privacy claim failed due to a specific broadcast exclusion within the Policy.

I.

¶ 8. We review a grant of summary judgment independently, applying the same methodology as the circuit court. See State ex rel. Auchinleck v. Town of LaGrange, 200 Wis. 2d 585, 591-92, 547 N.W.2d 587 (1996). Where no material facts remain in dispute, we must determine whether the movant is entitled to judgment as a matter of law. See id. at 592.

¶ 9. This case requires us to interpret an insurance policy to determine if coverage exists and whether [284]*284the insurer is subject to a duty to defend. The interpretation of words or clauses in an insurance policy and the existence of coverage under that policy are questions of law which we review de novo. See Just v. Land Reclamation, Ltd., 155 Wis. 2d 737, 744, 456 N.W.2d 570 (1990); Smith v. Atlantic Mut. Ins. Co., 155 Wis. 2d 808, 810, 456 N.W.2d 597 (1990).

¶ 10. In determining an insurer's duty to defend, we apply the factual allegations present in the complaint to the terms of the disputed insurance policy. See Professional Office Bldgs., Inc. v. Royal Indem. Co., 145 Wis. 2d 573, 580, 427 N.W.2d 427 (Ct. App. 1988). We liberally construe those allegations and assume all reasonable inferences.3 See Atlantic Ins. Co. v. Badger Med. Supply Co., 191 Wis. 2d 229, 241-42, 528 N.W.2d 486 (Ct. App. 1995); see also Kenefick v. Hitchcock, 187 Wis. 2d 218, 224, 522 N.W.2d 261 (Ct. App. 1994). An insurer has a duty to defend a suit where the complaint alleges facts which, if proven at trial, would give rise to [285]*285the insurer's liability under the terms of the policy. See Professional Office Bldgs., 145 Wis. 2d at 580.

II.

¶ 11. Asa threshold matter we note that St. Paul challenges Employer's standing in this matter. St. Paul claims that because no contractual relationship exists between St. Paul and Employers, St. Paul owes no duty to Employers under the terms of Loy v. Bunderson, 107 Wis. 2d 400, 320 N.W.2d 175 (1982) and Teigen v. Jelco of Wisconsin, Inc., 124 Wis. 2d 1, 367 N.W.2d 806 (1985), and no standing exists.

¶ 12. We find Loy and Teigen inapposite to the present situation. In those cases this court determined that a primary insurer who settled with the plaintiff and obtained a release for itself and its insured was appropriately dismissed from the underlying suit, leaving a secondary tortfeasor to defend the plaintiffs remaining claims beyond the primary insurer's limits.

¶ 13. In this case we acknowledge that St. Paul owes no contractual duty to Employers. However, the disputed issue in this summary judgment motion is whether St. Path's Policy requires St.

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Bluebook (online)
580 N.W.2d 245, 219 Wis. 2d 277, 1998 Wisc. LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doyle-v-engelke-wis-1998.