Secura Ins. v. Lyme St. Croix Forest Co.
Secura Ins. v. Lyme St. Croix Forest Co.
Opinion of the Court
*887*286¶ 1 The petitioner, SECURA Insurance, A Mutual Company, seeks review of an unpublished, per curiam decision of the court of appeals affirming the circuit court's interlocutory order that determined the fire at issue constituted multiple occurrences instead of a single occurrence.
¶ 2 Secura asserts that the court of appeals erred, and that pursuant to the "cause theory," the fire constitutes a single occurrence. Despite the fact that the fire crossed several property lines, Secura contends it was a single, uninterrupted cause of the alleged damages.
¶ 3 We conclude that the fire at issue constitutes a single occurrence pursuant to the CGL policy. Consequently, the $500,000 per-occurrence limit for property damage applies.
¶ 4 Accordingly, we reverse the court of appeals and remand to the circuit court for further proceedings consistent with this opinion.
I
¶ 5 On May 16, 2013, a fire broke out on forest land owned by Lyme St. Croix Forest Company (Lyme St. Croix). Known as the "Germann Road Fire," it burned 7,442 acres over the course of three days. Real and personal property belonging to many individuals and businesses sustained damage.
¶ 6 The fire allegedly began in the cutting head of a piece of logging equipment known as a feller buncher, owned by Ray Duerr Logging, LLC (Duerr). Flames quickly spread from dry grass to a pile of recently felled jack pine and subsequently into the surrounding forest.
*288¶ 7 At the time of the fire, Secura insured Duerr under both a CGL policy and an umbrella policy. The CGL policy contained a $2 million general aggregate policy limit, and a $1 million per-occurrence limit. However, the CGL policy also incorporated a "Logging and Lumbering Operations Endorsement." Pursuant to this endorsement, the per-occurrence policy limit is reduced to $500,000 for property damage *888"due to fire, arising from logging or lumbering operations...."
¶ 8 Secura brought this declaratory judgment action to determine its coverage obligations with respect to Duerr.
¶ 9 The circuit court rejected Secura's argument regarding the applicable policy limit. Relying on Wilson Mut. Ins. Co. v. Falk,
*289¶ 10 Two parties sought leave to appeal the circuit court's order, and the court of appeals granted an interlocutory appeal.
¶ 11 The court of appeals affirmed in part and reversed in part. It affirmed the circuit court's determination regarding the CGL policy, concluding that the circuit court properly applied the $2 million aggregate policy limit. SECURA Ins. v. Lyme St. Croix Forest Co., LLC, No. 2016AP299,
¶ 12 However, the court of appeals reversed the circuit court's determination that the umbrella policy provided no coverage.
II
¶ 13 We are asked to review the determination of Secura's motions for declaratory and summary judgment, which requires us to interpret the parties' written insurance contract. Interpretation of an insurance contract presents a question of law. American Family Mut. Ins. Co. v. American Girl, Inc.,
¶ 14 When a ruling on a motion for declaratory judgment depends on questions of law, we review the ruling independently of the determinations rendered by the circuit court and court of appeals. Gister v. American Family Mut. Ins. Co.,
¶ 15 Similarly, we review a summary judgment decision independently, applying the same methodology *291as the circuit court. Shugarts v. Mohr,
III
¶ 16 This case presents the issue of whether the Germann Road Fire constitutes a single occurrence for purposes of the CGL policy, or whether there was instead a new occurrence each time the fire crossed a property line. Initially, we set forth the language of the CGL policy. Next, we adduce the principles of law that guide our analysis. Finally, we apply the language of the policy and those principles of law to the facts of this case.
A
¶ 17 We begin with the language of the insurance policy. Generally, we interpret a policy's terms as they would be understood from the perspective of a reasonable person in the position of the insured. Shugarts,
¶ 18 The CGL policy covers "bodily injury" or "property damage" that is "caused by an 'occurrence'...." An "occurrence" is defined in the policy as *292"an accident, including continuous or repeated exposure to substantially the same general harmful conditions."
¶ 19 As relevant here, the policy contains two monetary limits. First, there is a general aggregate limit of $2 million. This limit applies regardless of the number of covered occurrences. Second, the policy's "Logging and Lumbering Operations Endorsement" contains a $500,000 per-occurrence limit that applies "as respects 'property damage' due to fire, arising from logging or lumbering operations...."
*890¶ 20 We must determine which of the two policy limits applies. If the Germann Road Fire is a single occurrence, then the lesser $500,000 limit applies. On the other hand, if there is a new occurrence each time the fire crosses a property line, as the court of appeals concluded, then the $2 million limit applies.
B
¶ 21 We turn next to adduce the principles of law that guide our analysis. In determining whether an event constitutes a single occurrence or multiple occurrences, we look to the "cause theory." Olsen v. Moore,
¶ 22 By following the cause theory, Wisconsin courts disavow the opposing "effect theory." Olsen,
¶ 23 Accordingly, pursuant to the effect theory, there is an occurrence when the separate property of each claimant is damaged. Anchor Cas. Co.,
C
¶ 24 Finally, we apply the language of the policy and the above principles of law to this case. Both the circuit court and court of appeals purported to apply the cause theory. Each relied heavily on Plastics Eng'g Co. and Falk to reach the conclusion that the Germann Road Fire constituted multiple occurrences, with a new occurrence arising each time the fire crossed a property line. Those two cases, along with Welter,
*294¶ 25 In Plastics Eng'g Co., the insured manufactured and sold asbestos-containing products for over twenty years.
¶ 26 This court determined that multiple occurrences arose. Id., ¶ 40. We explained *891that "each individual claimant's injuries stem from the continued and repeated exposure to asbestos-containing products. Thus, under the policy language and the cause theory, each claimant's repeated exposure is one occurrence." Id., ¶ 39.
¶ 27 Arriving at this result, the Plastics Eng'g Co. court contrasted the facts of that case with those of Welter,
¶ 28 The court of appeals in Welter determined the entirety of this event to be a single occurrence.
*295
¶ 29 In contrast, the exposures to asbestos at issue in Plastics Eng'g Co. were not closely linked in either time or space.
¶ 30 More recently, in Falk, the insured spread liquid cow manure on farm fields as fertilizer.
¶ 31 Applying the cause theory, this court determined that "[b]ecause the occurrence under the ... policy is well contamination, not manure application, there was an occurrence each time manure seeped into a unique well." Id., ¶ 67. "As such, an 'average person' would not consider the well contamination to be one event because manure had to seep into each individual well for the alleged contamination to occur." Id."Further, because the manure had to seep into each individual well, rather than seep into one well which 'fed' the other wells, it cannot be said the seepage was 'so simultaneous or so closely linked in time and space as to be considered by the average person as one event.' " Id.
¶ 32 Here, the court of appeals concluded that Falk controlled. It analogized the fire at issue to the seepage of manure that occurred in Falk. The court of appeals' approach is unpersuasive for several reasons.
*296¶ 33 First, there are significant factual differences between a forest fire and the seepage of manure into a well. When determining whether there is one occurrence or multiple occurrences, we must take into account elements of time and geography. Specifically, a single occurrence takes place if the cause and result were "so simultaneous or so closely linked in time and space as to be considered by the average person as one event...." Plastics Eng'g Co.,
¶ 34 In Falk, the manure seeped over the course of an unspecified period of *892time.
¶ 35 Rather than being analogous to Falk, this case is more akin to Welter. In Welter, there may have been "multiple injuries" that were of "different magnitudes" over a short period of time, but that fact did not alter the court's conclusion that there was a single occurrence. See Welter,
¶ 36 Second, the court of appeals' analysis, although purporting to apply the cause theory, in practice presents an application of the effect theory rejected by this court. According to the court of appeals, "the fire had to spread to each piece of real property for another property owner to suffer property damage due to the fire." SECURA Ins., No. 2016AP299, unpublished slip op., ¶ 21. By focusing not on the cause of the damage, but on the effect on individual property owners, the court of appeals strayed from this court's established methodology for determining the number of occurrences. See Olsen,
¶ 37 Third, the court's focus in Falk was primarily on the insurance policy's pollution exclusion, which the court determined to bar coverage, rather than the number of occurrences that took place. Falk,
¶ 38 Finally, the court of appeals' decision appears to occasion arbitrary and unreasonable consequences. It is arbitrary to determine the number of occurrences solely from the number of owners whose property is damaged. Under the court of appeals' analysis, the fire could have burned exactly the same amount of land over exactly the same amount of time, but if all the land were owned by one person instead of several, the fire would constitute but one occurrence.
*298Such a result would force the insurer to pay more in the event that the same amount of land burned is split among several owners.
¶ 39 Further, the court of appeals determined that "there was an 'occurrence' each time the fire-fueled and expanded by the consumption of new materials-spread to a new piece of real property and caused damage." SECURA Ins., No. 2016AP299, unpublished slip op., ¶ 17. This premise appears to lead to unreasonable results. It is the nature of a fire to "fuel and expand by the consumption of new materials." If it is an occurrence each time a fire refuels and expands, then a fire, which is constantly refueling and expanding, will necessarily result in an unfathomably large number of occurrences regardless of how many property lines it crosses. A court's interpretation of an insurance *893policy should avoid unreasonable results. Blasing v. Zurich Am. Ins. Co.,
¶ 40 Our conclusion that the fire here constitutes a single occurrence is buttressed by decisions from other jurisdictions likewise determining a fire destroying the property of multiple claimants to be a single occurrence. See Denham v. La Salle-Madison Hotel Co.,
¶ 41 In sum, we conclude that the Germann Road Fire constitutes a single occurrence pursuant to the CGL policy. Consequently, the $500,000 per-occurrence limit for property damage applies.
¶ 42 Accordingly, we reverse the court of appeals and remand to the circuit court for further proceedings consistent with this opinion.
By the Court. -The decision of the court of appeals is reversed, and the cause is remanded to the circuit court for further proceedings consistent with this opinion.
SECURA Ins. v. Lyme St. Croix Forest Co., LLC, No. 2016AP299,
Secura initially filed its complaint in Outagamie County. Venue was transferred to Douglas County, where the action was ultimately consolidated with a related suit filed by two property owners who alleged damage from the Germann Road Fire.
See
Before the court of appeals, Hanover argued against the application of an exclusion in the umbrella policy stating that the liability policy did not apply to " 'Property damage' arising out of injury or damage to or destruction of standing timber or timberlands, including the loss of use thereof, caused by fire and arising out of operations performed by or on behalf of any insured." SECURA Ins., No. 2016AP299, unpublished slip op., ¶ 22. The court of appeals reversed the circuit court's grant of summary judgment as to the umbrella policy, and remanded for a factual determination of what damages, if any, were sustained to an approximately 30 to 40 yard segment of real property that burned before the fire became a standing timber fire.
See Novell v. Migliaccio,
The Falk decision explains that the insured spread the manure in "early 2011" and the DNR notified the insured of well contamination complaints by letter dated May 23, 2011. Wilson Mut. Ins. Co. v. Falk,
Reference
- Full Case Name
- SECURA INSURANCE, A Mutual Company, Plaintiff-Appellant-Cross-Respondent-Petitioner v. LYME ST. CROIX FOREST COMPANY, LLC, Lyme St. Croix Land Company LLC, St. Croix Forest Products LLC, American Family Mutual Insurance Company, Safeco Insurance Company of America, State Farm Fire & Casualty Company, Wisconsin Mutual Insurance Company, Erie Insurance Group, Wilson Mutual Insurance Company, USAA Casualty Insurance Company, Western National Insurance Company p/k/a Western National Assurance Company, Auto-Owners Insurance Company, Farmers Insurance Exchange, Sentry Insurance Company, a mutual company, Jeremiah Nelson, Amy Nelson, Steigerwaldt Tree Farms, LLC, Steigerwaldt Land Services, Inc., LFF III Timber Holding, Frankenmuth Insurance Company, General Casualty Company of Wisconsin, Regent Insurance Company, Continental Western Insurance Company, Foremost Insurance Company of Grand Rapids Michigan, Foremost Property and Casualty Insurance Company, West Bend Mutual Insurance Company, American Family Home Insurance Company, Integrity Mutual Insurance Company, Defendants-Respondents, Hanover Insurance Company, Defendant-Respondent-Cross-Appellant.
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- 10 cases
- Status
- Published