Aug. 17, 2026 – The dispute in Cincinnati Insurance Co. v. Ropicky, 2026 WI 25, will return to circuit court after the Wisconsin Supreme Court held that damage from rain, but not damage resulting from the construction defect, was recoverable as an “ensuing loss.”
Justice Brian K. Hagedorn, writing for the 4-3 majority, said it was adopting Arnold v. Cincinnati Insurance Co., 2004 WI App 195, because it is “more consistent with normal language: that to ensue means
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