Argus Investment, Inc. v. West Bend Mutual Insurance Co.

Plaintiff filed a lawsuit alleging breach of contract in an insurance coverage dispute. Defendant filed a counterclaim seeking a declaratory judgment that it did not owe a duty to reimburse plaintiff for damage to a commercial property because plaintiff failed to provide the insurance company with notice of vacancy. The trial court granted the motion and plaintiff appealed. The appellate court affirmed, finding that the vacancy exclusion barred coverage and rejecting plaintiff’s argument that defendant was estopped from raising the issue. (VAN TINE and D.B. WALKER, concurring)