(Download) "Charles R. Patrick v. Head Lakes" by Court of Appeals of Wisconsin ~ Book PDF Kindle ePub Free
eBook details
- Title: Charles R. Patrick v. Head Lakes
- Author : Court of Appeals of Wisconsin
- Release Date : January 24, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Federated Rural Electric Insurance Company refused to defend Head of the Lakes Cooperative Electric Association, its insured,
in an action brought by Charles Patrick for damages resulting from the Cooperative's intentional cutting of Patrick's trees.
Some or all of the trees were within an unrecorded easement held by the Cooperative over Patrick's property. The trial court
ruled that Federated had a duty to defend and awarded the Cooperative defense fees and costs of $2,545.67. Both parties have
appealed the judgment, Federated claiming that it had no duty to defend and the Cooperative that it is actually entitled to
attorney's fees and costs of $6,219.95. We agree with the trial court that Federated had a duty to defend. As to the amount
of the judgment, however, we have the obligation to make an independent review of the attorney's fees and costs. Based on
that review, we modify the judgment to award the Cooperative $5,122.95, their fees and costs for defending the Patrick action,
plus their taxable costs on their cross-complaint against Federated. Federated claims that it did not have a duty to defend because: (1) The act of cutting trees was an intentional act not covered
by the policy; and (2) since the trees that were cut were on a Cooperative easement, they were in the physical control of
the Cooperative and excluded from coverage. The insurance policy provided that the claimed damage, to be covered, must result
from an "occurrence." An "occurrence" is defined as: