Marnholtz v. Church Mutual Insurance
Marnholtz v. Church Mutual Insurance
Opinion of the Court
David Marnholtz (Marnholtz) and his wife, Diane Marnholtz, appeal an order of the circuit court dismissing on summary judgment their suit against Church Mutual Insurance Company to recover damages for personal injuries sustained by Marnholtz. At issue in this case is whether David Leach, who resided on property where Marnholtz sustained injuries as a result of a fall, was an insured under a homeowner's insurance policy issued by Church Mutual Insurance on that property. The circuit court concluded that Leach was not and therefore dismissed the Marnholtzs
BACKGROUND
¶ 2. On July 26, 2008, Marnholtz sustained injuries when he fell from a scaffold erected by Leach while helping Leach install siding on Leach's full-time residence. The residence, which is described as a hunting shack, is located on approximately 160 acres of land and
¶ 3. On the day Marnholtz was injured, Leach had erected a makeshift scaffold of two six-foot ladders which supported two horizontal six-foot boards to utilize while installing exterior siding to the building. Marnholtz alleged that Leach failed to secure the boards to the ladders and that when he climbed onto the scaffold, the unsecured boards gave way, causing him to fall and sustain injuries.
¶ 4. At the time of Marnholtz's injury, Bathke and Knop were covered by a homeowners insurance policy issued by Church Mutual, which provided personal liability coverage to Bathke and Knop, as well as other individuals who constituted an "insured" under the policy. "Insured" was defined by the policy as including "persons in the course of performing domestic duties that relate to the 'insured premises.'" The parties do not dispute that the shack was an "insured premises," and that if Leach was performing "domestic duties," he was an insured under the policy's personal liability coverage.
¶ 5. The Marnholtzs brought suit against Church Mutual to recover for his injuries, claiming negligence by Leach and coverage by Church Mutual under the
DISCUSSION
A. Standard of Review
¶ 6. We review the grant or denial of summary judgment independently of the circuit court. Novell v. Migliaccio, 2008 WI 44, ¶ 23, 309 Wis. 2d 132, 749 N.W.2d 544. Summary judgment is appropriate where there are no disputed material issues of fact and the moving party is entitled to judgment as a matter of law. Wis. Stat. § 802.08(2) (2009-10).
B. Coverage Under the Policy
¶ 7. The Marnholtzs contend that summary judgment in favor of Church Mutual was not appropriate in this case because Leach was performing "domestic duties" when Marnholtz was injured and was therefore an insured under Church Mutual policy personal liability coverage at the time.
¶ 8. When determining whether coverage is provided under the terms of an insurance policy, our first step is to " 'examine the facts of the insured's claim to
¶ 9. The Marnholtzs contend that installing siding to the exterior of the building was a "domestic dut[y]" and, therefore, Leach was an insured under the policy when Marnhoitz was injured. Church Mutual responds that the installation of exterior siding to the building was construction work, not a "domestic dut[y]," and therefore Leach was not an insured under the policy.
¶ 10. The interpretation of the language in an insurance policy presents a question of law, which this court reviews independently. Varda v. Acuity, 2005 WI App 167, ¶ 7, 284 Wis. 2d 552, 702 N.W.2d 65. We apply the same general rules we use in construing all contracts. Id. We first look to the language of the agreement. Id. If the language is unambiguous, we apply the policy terms as they stand. Id. However, if the word or phrase is reasonably susceptible to more than one interpretation, it is ambiguous and we will resolve ambiguities against the insurer and in favor of the insured seeking coverage. Id., ¶ 8. Underlying all of this is the understanding that "interpretation of language in an insurance policy should advance the
¶ 11. The policy does not define "domestic duties." In interpreting this phrase, we give it its plain and ordinary meaning. See Danbeck v. American Family Mut. Ins. Co., 2001 WI 91, ¶ 10, 245 Wis. 2d 186, 629 N.W.2d 150. To determine the ordinary meaning, we may consult recognized English language dictionaries for guidance. Weimer v. Country Mut. Ins. Co., 216 Wis. 2d 705, 722-23, 575 N.W.2d 466 (1998).
¶ 12. Webster's Third New International Dictionary 671 (1993) defines "domestic" as "relating to the household or the family: concerned with or employed in the management of a household or private place of residence" or as "connected with the supply, service, and activities of households and private residences." The plain and ordinary meaning of "domestic duties" is thus those duties pertaining to a household or private place of residence. However, this meaning does not satisfy us that all reasonable insureds would have the same understanding of those duties.
¶ 13. A reasonable insured could understand domestic duties to have a limited purpose, including only those duties relating to the day-to-day upkeep of a household or residence. Such duties might include: cooking, cleaning, laundry, or even mowing the lawn. See, e.g., Varda, 284 Wis. 2d 552, ¶ 13.
¶ 14. Church Mutual asserts that Leach's installation of siding on the shack does not fall within even the broadest interpretation of "domestic duties" because the installation of siding in this case was construction work, which it distinguishes from domestic work. While the term "construction" has multiple meanings depending on the context, one standard definition is "the act of putting parts together to form a complete integrated object. . . something built or erected." Webster's Third New International Dictionary 489. Church Mutual offers no authority for the proposition that construction work and domestic duties are mutually exclusive, or, for that matter, that the application of siding is the formation of "a complete integrated object."
¶ 15. On its face, the term "domestic duties" is quite broad. Following our task of giving the phrase its ordinary meaning, because it is a non-technical term not defined in the policy, it is clear that many more
¶ 16. The evidence is undisputed that the hunting shack was built and added on to a number of years prior to Marnholtz's injuries, and had been lived in on either a part-time or full-time basis for years. The installation of siding was not part of the structure's actual erection, but rather an improvement to the existing structure. Had the installation of the siding been a part of the original construction of the building or its additions, an argument could be made that it preceded the occupancy of the building and was therefore not related to domestic duties. However, it was not. It was a later action that could just as easily be regarded as maintenance, like the repair of broken glass.
¶ 17. Therefore, while the narrow definition of domestic duties favored by Church Mutual is reasonable, so is the broader definition that could include routine maintenance like repairing broken window glass and, perhaps, repair or installation of new siding. Because the term "domestic duties" is susceptible to
¶ 18. Giving the term "domestic duties" a construction which favors coverage in this case, we conclude that the installation of siding as an improvement to the residence was a "domestic dut[y]" under the terms of the Church Mutual policy. Accordingly, we reverse the circuit court's order for summary judgment in favor of Church Mutual.
CONCLUSION
¶ 19. For the reasons discussed above, we reverse.
By the Court. — Order reversed.
Church Mutual in turn brought a third-party action against Leach.
In Varda v. Acuity, 2005 WI App 167, 284 Wis. 2d 552, 702 N.W.2d 65, the plaintiff was injured in an accident that occurred while Christopher Quella was mowing the lawn of Henry Stezenski's rental property on behalf of the property's tenants.
Reference
- Full Case Name
- David J. Marnholtz and Diane L. Marnholtz v. Church Mutual Insurance Company, Defendant-Third-Party Plaintiff-Respondent Thrivent Financial For Lutherans as Administered by Blue Cross Blue Shield of Minnesota v. David Leach, Third-Party
- Cited By
- 12 cases
- Status
- Published