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R&J Enterprizes v. Gen'l. Cas. Co. of Wis., No. 09-3887

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By FindLaw Staff on December 16, 2010 6:59 PM

Denial of Declaratory Judgment in Insurance Case Affirmed

In R&J Enterprizes v. Gen'l. Cas. Co. of Wis., No. 09-3887, an action seeking a declaration that defendant-insurer owed plaintiff under its commercial marketplace policy and damages under several theories of liability, the court affirmed summary judgment for defendant where 1) the policy unambiguously precluded coverage for dishonest acts of an employee with an intent to procure enhanced compensation from the employer; 2) plaintiff was not entitled to coverage under the reasonable expectations doctrine; and 3) mere inequality in bargaining power did not make the contract unconscionable.

 

As the court wrote:  "R & J Enterprizes, Inc., doing business as Country Club Coffee, appeals from a grant of summary judgment by the district court1 in favor of General Casualty Company of Wisconsin ("General Casualty"). Country Club Coffee's complaint sought a declaration that General Casualty owes it coverage under its commercial marketplace policy and damages under several theories of liability. The district court granted summary judgment for General Casualty on all claims. We affirm."

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