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[T] Amrhein v. Acuity2/18/2004
. This appeal presents an insurance coverage issue. Cory Schaal was injured during an assault that took place near the residence of Raymond J. Caminata, Sr. during a party thrown for Raymond's daughter Julie A. Caminata. Schaal, by his guardian ad litem, appeals from a summary judgment granted in favor of Raymond's insurer, Acuity. The complaint alleges that Raymond was negligent when he solicited a minor at the party, Nicholas Hoeft, to assault Schaal and that Raymond knew or should have known that Hoeft would react to Raymond's statements in a manner that would likely cause injury to Schaal. The trial court dismissed the case against Acuity at summary judgment. Schaal argues that the trial court erred (1) in finding that Raymond's acts were intentional and, thus, excluded from coverage under Acuity's policy and (2) in determining that Raymond was not entitled to coverage for his liability for Julie's actions under Wis. Stat. § 895.035.
. We conclude that the facts, when viewed in the light most favorable to Schaal, would not support a finding of negligence on Raymond's part. Like the trial court, we hold that the entirety of Raymond's actions were intentional as a matter of law and thus excluded from coverage under Acuity's policy. We further conclude that the trial court did not err in its determination that Raymond is not entitled to coverage for his liability for Julie's intentional actions under Wis. Stat. § 895.035 because the incident was not an "occurrence" within the meaning of Acuity's policy.
. We affirm the summary judgment in favor of Acuity.
BACKGROUND
. While the parties sharply dispute the inferences to be drawn from the facts, they do not dispute the underlying history. On September 16, 2000, Hoeft, without provocation or permission, assaulted and battered Schaal, causing numerous injuries. The assault took place during a party hosted by the Caminatas in honor of Julie Caminatas's seventeenth birthday. Prior to the assault, Raymond falsely informed Hoeft that Schaal wanted to fight Hoeft. Raymond also told Hoeft that he would pay Hoeft to assault Schaal and would pay more money if Hoeft killed Schaal. Julie acted in concert with Hoeft in planning and carrying out the attack on Schaal, including determining when and how Hoeft would strike the first blow and informing him when to do so. As a result of Hoeft's assault, Schaal was permanently and seriously injured.
. Schaal brought claims of intentional battery against Hoeft and aiding and abetting a battery against Julie. Schaal also claimed that Raymond was negligent (1) in failing to adequately and properly supervise the minors at the party he co-hosted for Julie, (2) in failing to recognize that statements made to Hoeft would cause him to assault Schaal, and (3) in failing to take adequate steps to prevent attacks from occurring at his minor daughter's party. In addition, Schaal claimed that Raymond was responsible for Julie's actions under Wis. Stat. § 895.035, which governs parental liability for the intentional acts of their minor children.
. In its answer and affirmative defenses, Acuity admitted that it had issued a policy of liability insurance to the Caminatas and that the policy was in existence at the time of the incident. However, Acuity alleged that the claims against the Caminatas were not covered by the Acuity policy due to the Intentional Act Exclusion, which precludes personal liability coverage for bodily injury which is "expected or intended by the insured." On January 28, 2003, Acuity filed a motion for summary judgment alleging, among other grounds, that (1) the negligent supervision claim was not covered because there was no special relationship
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