W. Bend Mut. Ins. Co. v. Calumet Equity Mut. Ins. Co.
W. Bend Mut. Ins. Co. v. Calumet Equity Mut. Ins. Co.
Opinion of the Court
¶1 Calumet Equity Mutual Insurance Company appeals orders of the Washington County Circuit Court granting summary judgment, awarding attorney fees to West Bend Mutual Insurance Company, and awarding attorney fees to David Schaefer. West Bend and David Schaefer contend that David is afforded coverage for claims against David in a previous lawsuit pursuant to a liability insurance policy issued by Calumet to Raymond Schaefer, David's father.
BACKGROUND
¶2 The following undisputed material facts are gleaned from the record. This lawsuit arises out of a previous lawsuit that concerned injuries sustained by Adam Deitsch because David's cattle were in a roadway. For context, we recite germane facts regarding the Deitsch lawsuit.
¶3 David raised cattle as part of his own business and kept the cattle he owned at Raymond's farm. Raymond had no ownership interest in the cattle.
¶4 A vehicle stopped on a roadway because David's cattle escaped from Raymond's property and were blocking the roadway. Deitsch stopped his vehicle behind that first vehicle. A third vehicle rear-ended Deitsch's vehicle, causing Deitsch to suffer injuries.
¶5 Deitsch sued David asserting that David's negligent failure to control his cattle caused his injuries. At the time of the accident, Raymond was a named insured under the liability policy issued by Calumet. The Calumet policy provided liability coverage to persons defined as "insureds" for their activities at Raymond's residence and his farm. David sought coverage under the Calumet policy, claiming that he is an insured. Calumet denied David's request for coverage and did not defend or indemnify David in the Deitsch lawsuit.
¶6 In the Deitsch lawsuit, Deitsch also made an underinsured motorist claim against his insurer, West Bend, and West Bend filed a crossclaim for indemnification against David. West Bend ultimately settled the underinsured motorist claim and paid Deitsch $ 225,000, which included $ 114,000 for which West Bend and David agreed David was legally responsible. David consented to judgment against him in favor of West Bend in the amount of $ 114,000. West Bend executed a covenant not to sue David on that judgment in exchange for an assignment of any rights that David has against Calumet pursuant to Raymond's policy with Calumet.
¶7 West Bend filed the present suit against Calumet, seeking to recover the $ 114,000 portion of the settlement of the Deitsch lawsuit for which David was responsible. Both West Bend and David also seek from Calumet attorney fees incurred in this and the Deitsch lawsuit.
¶8 The Calumet policy issued to Raymond included the following pertinent language defining who is an "insured" under the policy:
"Insured" means:
....
f. persons in the course of performing domestic duties that relate to the "insured premises."
The parties filed competing motions for summary judgment concerning the application of that policy language to the undisputed facts in this case. The circuit court denied Calumet's motion and granted West Bend's motion. These rulings were based on the court's conclusion that David is an insured under Raymond's Calumet policy because David's activities on Raymond's property, specifically involving his failure to adequately fence his cattle, constitute "domestic duties that relate to the 'insured premises.' " The circuit court entered an order for judgment in favor of West Bend regarding the $ 114,000 amount that West Bend paid for David in the settlement with Deitsch, plus interest and attorney fees. The circuit court also entered an order awarding attorney fees to David.
¶9 Calumet appeals. We refer to other material facts in the following discussion.
DISCUSSION
¶10 The parties concur that this appeal turns on whether David is an "insured" under the Calumet policy. West Bend
I. Standard of Review, Summary Judgment, and Interpretation of Insurance Contracts.
¶11 We review a circuit court's decision to grant summary judgment de novo, using the same standards and methodology as the circuit court. Varda v. Acuity ,
¶12 An insurance policy is a contract between the insurer and the insured. Estate of Sustache v. American Family Mut. Ins. Co. ,
¶13 The first step in determining whether coverage is provided pursuant to the terms of an insurance policy is to examine the facts of the "insured's claim to determine whether the policy's insuring agreement makes an initial grant of coverage." Marnholtz ,
II. Marnholtz and "Domestic Duties."
¶14 The Calumet policy does not define the phrase "domestic duties." However, this court has previously interpreted an insurance policy that contained applicable language identical to the Calumet policy and defined an "insured" to include "persons in the course of performing domestic duties that relate to the 'insured premises.' "
¶15 We concluded that installation of siding is a "domestic duty."
¶16 We now apply that controlling precedent to the undisputed facts.
III. Activities Related to a Cattle Business and the Maintenance of a Fence to Keep Cattle Enclosed Are Not "Domestic Duties."
¶17 The parties dispute whether David's activities on Raymond's property constitute "domestic duties," and they frame the issue in starkly different terms. Calumet argues that David conducting a cattle business on Raymond's farm is not a "domestic duty." West Bend argues that the facts that David was the caretaker of the farm and was responsible for maintaining appropriate fencing to keep the cattle enclosed render his failure to properly fence in the cattle a "domestic duty."
¶18 We conclude that, regardless of the perspective adopted, David's activities on Raymond's property are not "domestic duties" under the holding in Marnholtz for the inescapable reason that David's activities are not concerned with the management of a private place of residence. There is no connection between either the operation of a cattle business, or the maintenance of a fence on the premises to corral the cattle, and the management of a household or residence as required by Marnholtz .
¶19 West Bend makes several arguments that David - whether as the proprietor of a cattle business or as the caretaker of the farm responsible for mending fences - was engaged in activities constituting "domestic duties." We consider, and reject, each argument.
¶20 First, West Bend quotes selectively from Marnholtz in an attempt to argue that the farm on Raymond's property is a "household" and, therefore, any activities performed in relation to the upkeep of the farm are "domestic duties." West Bend offers no support for this claim, and our opinion in Marnholtz leaves no room for this argument. To repeat, although we acknowledged that the phrase "domestic duties" is "quite broad," we also emphasized that the activity must be "concerned with ... the management of a ... private place of residence." Marnholtz ,
¶21 Second, West Bend relies on another opinion from this court that construed the phrase "domestic duties" in the context of insurance coverage. See Varda ,
¶22 Next, West Bend asserts that "there is nothing in either the policy or common sense" to support the argument that farming cannot constitute a "domestic duty" just because it does not necessarily relate to the upkeep of the residence itself. Similarly, West Bend argues that farming work and "domestic duties" need not be mutually exclusive and cites to the discussion in Marnholtz that "domestic duties" and construction work are not mutually exclusive.
¶23 Finally, West Bend argues that the Calumet policy contains an expansive definition of the term "insured premises" and, according to West Bend, that broad definition of "insured premises" should inform the scope of the term "domestic duties." More specifically, West Bend contends that the Calumet policy cannot define "insured premises" broadly to include the farm, provide coverage to persons performing "domestic duties" on the "insured premises," and then define "domestic duties" to exclude duties related to the farm. We reject West Bend's argument because it ignores the key qualifying word, "domestic." It does not follow that, because the policy insured not merely the house but also the farm, the term "domestic" is to be construed differently. Even though the insured premises include a farm, we previously concluded in Marnholtz that a reasonable insured would not understand "domestic duties" to include all activities relating to any part of the insured premises.
¶24 The broad understanding of "domestic duties" advocated by West Bend effectively reads the word "domestic" out of the contract, such that a person is an insured if they are performing any duties relating to the insured premises, completely contrary to our holding in Marnholtz . Under basic principles of contract interpretation, we do not read a policy so as to render any of its terms superfluous. See Stubbe v. Guidant Mut. Ins. Co. ,
CONCLUSION
¶25 For the foregoing reasons, we reverse the orders of the circuit court, direct the circuit court to grant summary judgment in favor of Calumet Equity Mutual Insurance Company dismissing the claims of West Bend Mutual Insurance Company and David Schaefer, and remand this matter to the circuit court for the award of all applicable statutory costs and fees.
By the Court. -Orders reversed and cause remanded with directions.
This opinion will not be published. See WIS. STAT. RULE 809.23(1)(b)5.
Because David and Raymond share a last name, for clarity we refer to each by their first name.
West Bend makes no argument that Calumet's summary judgment motion should not be granted if we resolve the issue of the interpretation of the phrase "domestic duties" against West Bend.
For convenience, we will now refer only to West Bend regarding arguments made in this court because West Bend and David agree that their interests in this appeal are identical.
All references to the Wisconsin Statutes are to the 2015-16 version unless otherwise noted.
West Bend references a number of facts regarding the historical operation of Raymond's farm in an attempt to argue that David should be covered under Raymond's policy. However, these facts are irrelevant to the disposition of the present appeal, and we do not address them further.
West Bend and Calumet have not discussed the questions of duty to defend and duty to indemnify separately. West Bend mentions the duty to defend in its briefing in this court. However, it never develops an argument that there was a duty to defend David separate from a duty to indemnify under the Calumet policy, and we may not develop an argument for a party. Madely v. RadioShack Corp. ,
Case-law data current through December 31, 2025. Source: CourtListener bulk data.