KEVIN D. TROST AND JENNIFER M. GAGNE, PLAINTIFFS, LIBERTY MUTUAL INSURANCE COMPANY, SUBROGATED-PLAINTIFF, v. HAACK HOMESTEAD INSPECTIONS, LLC, STEVEN T. HERFEL D/B/A D&S ROOFING D/B/A DOLLARS AND SENSE CONSTRUCTION, PEKIN INSURANCE COMPANY AND TOKIO MARINE SPECIALTY INSURANCE COMPANY, DEFENDANTS, RAYMOND A. WEIHOFEN AND DONNA J. WEIHOFEN, DEFENDANTS-APPELLANTS, ECONOMY PREMIER ASSURANCE COMPANY, INTERVENOR-RESPONDENT., 2020 WI App 18

Summary

HOLDINGS: [1]-A liability insurer had no duty to defend sellers of residential real property against buyers' misrepresentation claims, which involved roof problems and bats in the attic, because an initial grant of coverage under the policy's terms required allegations of property damage and the complaint did not allege that the sellers' conduct had caused property damage; [2]-A statement in the complaint that the sellers had contracted for defective roofing work, resulting in ongoing water infiltration, did not trigger a duty to defend because it made no claim against the sellers for negligent hiring or negligent supervision of the contractor; [3]-An allegation that the buyers' insurer had paid for drywall repair did not trigger a duty to defend because nothing within the four corners of the complaint indicated that the buyers' insurer had demanded subrogation against the sellers.