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Paulan v. Sigmund3/23/2005
g to undesirable results." Thus, a policy defining an occurrence as an accident covers an allegation of negligence. Id. See also American Family Mut. Ins. Co. v. American Girl, Inc., 2004 WI 2, , 268 Wis. 2d 16, 673 N.W.2d 65 (explaining that Doyle held that negligent acts were "accidental" within the definition of a CGL policy); Smith v. Katz, 226 Wis. 2d 798, 819-22, 595 N.W.2d 345 (1999) (recognizing that the Doyle negligence analysis is similar to that set forth in Sheets v. Brethren Mutual Insurance Co., 679 A.2d 540 (Md. 1996), which held that an act of negligence constitutes an "accident" under a liability insurance policy when the resulting damage is an event that takes place without the insured's foresight or expectation).
. It was also error to conclude that the policy excludes contractual liability. In American Girl, 268 Wis. 2d 16, , the court held that an exclusion of contractually assumed liability applies only "where the insured has contractually assumed the liability of a third party, as in an indemnification or hold harmless agreement; it does not operate to exclude coverage for any and all liabilities to which the insured is exposed under the terms of the contracts it makes generally." The "contractual liability" exclusion in American Family's policy does not negate coverage for Paulan's claims.
. We do not address the other exclusions and provisions advanced by American Family as negating coverage because although those provisions were argued in the circuit court, the circuit court did not specifically address them. Further, the potential application of those provisions is altered by the reinstatement of Paulan's negligent provision of services claim and the recent decision in American Girl.
By the Court.-Judgment and order reversed and cause remanded.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)5.
Ordered not published (04-29-2005).
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