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Doyle v. Engelke6/24/1998
ON REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at: 209 Wis. 2d 600, 568 N.W.2d 38 (Ct. App. 1997-UNPUBLISHED)
Submitted on Briefs: Oral Argument: February 18, 1998
Source of APPEAL
COURT: Circuit
COUNTY: Milwaukee
REVIEW of a decision of the Court of Appeals. Affirmed in part and reversed in part.
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Inc. and Vic Eliason (collectively "WVCY") and Intervenor Employers Insurance of Wausau ("Employers") seek review of an unpublished decision of the court of appeals which affirmed a circuit court grant of summary judgment in favor of Intervenor St. Paul Fire & Marine Insurance Company ("St.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. 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.
. 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.
. This case derives from an anti-abortion demonstration outside a clinic near Milwaukee, Wisconsin. Shortly 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.
. 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.
. 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. Section 803.09 (1993-94). 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 duty 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.
. 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.
. The court of appeals affirme
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