COURT OF APPEALS DECISION DATED AND FILED August 3, 2010 A.
John Voelker Acting Clerk of Court of Appeals |
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NOTICE |
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This opinion is subject to further editing. If published, the official version will appear in the bound volume of the Official Reports. A party may file with the Supreme Court a petition to review an adverse decision by the Court of Appeals. See Wis. Stat. § 808.10 and Rule 809.62. |
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Appeal No. |
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STATE OF |
IN COURT OF APPEALS |
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DISTRICT III |
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Shannon Evenson,
Plaintiff-Respondent, v. Luck Mutual Insurance Company,
Defendant-Appellant. |
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APPEAL
from a judgment of the circuit court for
Before
¶1 PER CURIAM. Luck Mutual Insurance Company
appeals a summary judgment declaring that Shannon Evenson is not an “insured”
under the homeowner’s policy issued to Scott and Harmony Warren and, therefore,
is not precluded from seeking liability and medical payments coverage under the
policy’s terms. Luck Mutual argues that
because Evenson was “caring for” the
Background
¶2 The circuit court found that Evenson house-sat for the
Discussion
¶3 We review a circuit court’s decision to grant summary
judgment independently, applying the same methodology as the circuit
court. Fifer v. Dix, 2000 WI App
66, ¶5, 234
¶4 Further, the construction or interpretation of an insurance
policy presents a question of law that we review independently.
¶5 Relevant to this appeal, the subject policy defines “insured” as “persons using or caring for vehicles, watercraft, or animals owned by any ‘insured.’” (Emphasis added.) The policy further specifies that liability and medical payment coverage is excluded for “bodily injury to any insured.” Although Evenson claims the term “caring for” is ambiguous, it has an objective dictionary definition—the verb “care” is defined as follows: “to give care (as to the safety, well-being or maintenance of a charge): provide for or attend to needs or perform personal services (as for a patient or a child).” Webster’s Third New International Dictionary 338 (1993).
¶6 Here, the court found that Evenson’s primary duty was to
“watch over” the home and its contents, including the
By the Court.—Judgment reversed and cause remanded.
This opinion will not be published. See Wis. Stat. Rule 809.23(1)(b)5.
[1] All references to the Wisconsin Statutes are to the 2007-08 version unless otherwise noted.
[2] Because we conclude
Evenson’s actions satisfy the definition of “caring for” under the policy, we
need not address Luck Mutual’s alternative argument that Evenson was an insured
because she was performing “domestic duties.”
See Sweet v. Berge, 113