Continental Properties Company, Inc., et al. v. Hiscox Insurance Company, Inc.
Year 2026
Court Wisconsin Supreme Court
Case Number 2024AP000197
Issue
  • Direct Loss
  • Employee Theft Coverage
  • Proximate Causation
State
  • Wisconsin

In its amicus brief, United Policyholders urges the Wisconsin Supreme Court to reverse a ruling denying coverage for losses caused by an employee kickback scheme. UP argues that commercial crime policies covering losses “resulting directly from” employee theft require proximate causation, not an immediate transfer of stolen funds to the employee. UP further argues that conflicting judicial interpretations of this standard-form language demonstrate ambiguity that must be resolved in favor of coverage. A contrary ruling could significantly restrict employee theft, computer fraud, and other commercial crime coverage for Wisconsin businesses.