Garriguenc, Plaintiff and Respondent v. Love, D/B/A Demolition Enterprises, and Others, Defendants and Respondents…

Summary

The Wisconsin Supreme Court held that an automobile demolition derby falls within a liability policy exclusion for bodily injury or property damage arising out of 'automobile or motorcycle racing or stunting.' Because no extrinsic facts were disputed, policy construction was a question of law suitable for summary judgment. The terms 'racing' and 'stunting' are unambiguous and, given their common ordinary meaning, encompass the derby; the plaintiff's injuries also 'arose out of' the derby because only some causal relationship between injury and the excluded event is required. The order denying Capitol's summary judgment motion was reversed and judgment was ordered entered for Capitol.