VICTORY
The WIA also participated as amicus curiae in one Wisconsin Court of Appeals case. In Johnson Controls, Inc. v. Central National Ins. Co. of Omaha, Appeal No. 14AP2050, the trial court held that an excess insurer must “drop down” to defend claims when the primary insurer does not, despite unambiguous policy language to the contrary, and that an insurer who breaches the duty to defend automatically is liable to the insured, regardless of whether the insured’s damages naturally flow from the breach. The WIA filed an amicus brief contesting those two holdings. The Court of Appeals reversed, holding “Central National owed no duty to defend Johnson Controls.”
DECISION; Johnson Controls, Inc. v. Central National Ins. Co. of Omaha