In Thompson v. State Farm Fire & Casualty Co. (2019AP1182), the Court of Appeals District III held that the plaintiff’s injury occurred after the expiration of the insurer’s policy period, so there was no coverage for the plaintiff’s claims.
The Thompsons were visiting a home in Weyerhauser, Wis., in July 2016 when a deck railing collapsed and Richard Thompson fell off the deck. Previous homeowners William and Susan Carroll had built the deck. Seeking compensation for Richard’s injury, the Thompsons sued various persons, including the Carrolls and their homeowners insurer for the Weyerhauser house, Wilson Mutual. The Carrolls’ policies with Wilson mutual expired in August 2013, a few months after they sold the house.
The Wilson Mutual policy provided coverage for liability of the insured “because of bodily injury or property damage caused by an occurrence,” defining “occurrence” as “an accident…that results in ‘bodily injury’ or ‘property damage’ during the policy period.” The policy further states that “This policy only covers losses, ‘bodily injury,’ and ‘property damage’ that occur during the policy period.”
The court found that Wilson Mutual did not cover the Thompsons’ claims because the “occurrence” of “bodily injury” to Richard Thompson occurred in 2016, after the expiration of the Wilson Mutual policy period in 2013.