CGL insurers liable for misrepresentation

Notwithstanding Everson v. Lorenz, in which the Supreme Court made clear that a CGL policy does not provide coverage for the insured's common law misrepresentations, the Wisconsin Court of Appeals held the insurer is liable for statutory misrepresentations.

The effect, of course, is to nullify policy exclusions for misrepresentation, since every common law misrepresentation claim these days also includes a statutory claim that authorizes double damages and attorney fees.