Insurer Must Defend Claims of Negligence and Private Nuisance

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Insurer had a duty to defend negligence and private nuisance claims for dumping materials on the plaintiffs' property.

July 10, 2018
Tred R. Eyerly - Insurance Law Hawaii

The court determined there was a duty to defend negligence and private nuisance claims for dumping materials on the plaintiffs' property. Peters Heavy Construction, Inc. v. X-Pert One Tracking Corp., 2018 Wisc. App. LEXIS 358 (Wis. Ct. App. March 29, 2018).

Peters Heavy Construction sued X-Pert One for negligently depositing shingle materials, tires, and other solid materials on Peters' property, causing damage to Peters, including loss of use of portions of the property. Peters also alleged that X-Pert One's actions negligently created a private nuisance causing harm to Peters' property. X-Pert One's insurer, Northfield Insurance Company, was also sued.

Mr. Eyerly may be contacted at te@hawaiilawyer.com



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