Secura Ins. v. Lyme St. Croix Forest Co.

2018 WI 103, 918 N.W.2d 885, 384 Wis. 2d 282
CourtWisconsin Supreme Court
DecidedOctober 30, 2018
DocketNo. 2016AP299
StatusPublished
Cited by10 cases

This text of 2018 WI 103 (Secura Ins. v. Lyme St. Croix Forest Co.) 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
Secura Ins. v. Lyme St. Croix Forest Co., 2018 WI 103, 918 N.W.2d 885, 384 Wis. 2d 282 (Wis. 2018).

Opinion

ANN WALSH BRADLEY, J.

*887*286¶ 1 The petitioner, SECURA Insurance, A Mutual Company, seeks review of an unpublished, per curiam decision of the court of appeals affirming the circuit court's interlocutory order that determined the fire at issue constituted multiple occurrences instead of a single occurrence.1 The court of appeals reasoned that under Secura's commercial *287general liability (CGL) policy there was an occurrence each time the fire spread to a new piece of real property and caused damage. Therefore, the court concluded that the $2 million aggregate limit applies rather than the $500,000 per-occurrence limit for property damage due to fire arising from logging and lumbering operations.

¶ 2 Secura asserts that the court of appeals erred, and that pursuant to the "cause theory," the fire constitutes a single occurrence. Despite the fact that the fire crossed several property lines, Secura contends it was a single, uninterrupted cause of the alleged damages.

¶ 3 We conclude that the fire at issue constitutes a single occurrence pursuant to the CGL policy. Consequently, the $500,000 per-occurrence limit for property damage applies.

¶ 4 Accordingly, we reverse the court of appeals and remand to the circuit court for further proceedings consistent with this opinion.

I

¶ 5 On May 16, 2013, a fire broke out on forest land owned by Lyme St. Croix Forest Company (Lyme St. Croix). Known as the "Germann Road Fire," it burned 7,442 acres over the course of three days. Real and personal property belonging to many individuals and businesses sustained damage.

¶ 6 The fire allegedly began in the cutting head of a piece of logging equipment known as a feller buncher, owned by Ray Duerr Logging, LLC (Duerr). Flames quickly spread from dry grass to a pile of recently felled jack pine and subsequently into the surrounding forest.

*288¶ 7 At the time of the fire, Secura insured Duerr under both a CGL policy and an umbrella policy. The CGL policy contained a $2 million general aggregate policy limit, and a $1 million per-occurrence limit. However, the CGL policy also incorporated a "Logging and Lumbering Operations Endorsement." Pursuant to this endorsement, the per-occurrence policy limit is reduced to $500,000 for property damage *888"due to fire, arising from logging or lumbering operations...."

¶ 8 Secura brought this declaratory judgment action to determine its coverage obligations with respect to Duerr.2 Moving for declaratory judgment and partial summary judgment, Secura argued that the Germann Road Fire was a single occurrence. Consequently, it advanced that the $500,000 policy limit from the Logging and Lumbering Operations Endorsement was applicable, rather than the $2 million aggregate limit. Secura also contended that the umbrella policy afforded no coverage for the damage from the fire.

¶ 9 The circuit court rejected Secura's argument regarding the applicable policy limit. Relying on Wilson Mut. Ins. Co. v. Falk, 2014 WI 136, 360 Wis.2d 67, 857 N.W.2d 156, the circuit court concluded that "although there was one uninterrupted cause of the fire, each 'seepage' of fire onto another's property constitute[d] a separate occurrence for purposes of the policy." However, the circuit court agreed with Secura that its umbrella policy provided no coverage for any damages.

*289¶ 10 Two parties sought leave to appeal the circuit court's order, and the court of appeals granted an interlocutory appeal.3 Secura appealed the circuit court's determination as to the CGL policy limit. Hanover Insurance Company (Hanover), Lyme St. Croix's insurer, challenged the circuit court's conclusion that the umbrella policy provided no coverage.

¶ 11 The court of appeals affirmed in part and reversed in part. It affirmed the circuit court's determination regarding the CGL policy, concluding that the circuit court properly applied the $2 million aggregate policy limit. SECURA Ins. v. Lyme St. Croix Forest Co., LLC, No. 2016AP299, 2017 WL 4546953, unpublished slip op., ¶ 21 (Wis. Ct. App. Oct. 11, 2017). Like the circuit court, the court of appeals relied principally on Falk, 360 Wis.2d 67, 857 N.W.2d 156, determining that "there was an 'occurrence' each time the fire-fueled and expanded by the consumption of new materials-spread to a new piece of real property and caused damage." SECURA Ins., No. 2016AP299, unpublished slip op., ¶ 17.

¶ 12 However, the court of appeals reversed the circuit court's determination that the umbrella policy provided no coverage.4 Neither party, however, petitioned *290this court for review of the portion of the court of appeals' decision regarding the *889umbrella policy. Accordingly, we do not address the issue.5

II

¶ 13 We are asked to review the determination of Secura's motions for declaratory and summary judgment, which requires us to interpret the parties' written insurance contract. Interpretation of an insurance contract presents a question of law. American Family Mut. Ins. Co. v. American Girl, Inc., 2004 WI 2, ¶ 23, 268 Wis.2d 16, 673 N.W.2d 65.

¶ 14 When a ruling on a motion for declaratory judgment depends on questions of law, we review the ruling independently of the determinations rendered by the circuit court and court of appeals. Gister v. American Family Mut. Ins. Co., 2012 WI 86, ¶ 8, 342 Wis.2d 496, 818 N.W.2d 880.

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Bluebook (online)
2018 WI 103, 918 N.W.2d 885, 384 Wis. 2d 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/secura-ins-v-lyme-st-croix-forest-co-wis-2018.