¶ 3 The issue presented is whether an insurer has a duty to defend an insured, under the liability
coverage provisions of a homeowner's insurance policy, when the plaintiffs' complaint asserts
that the insured "without warning or provocation, punched decedent out, causing him to ...
¶ 2 Upon review, we agree with the court of appeals' conclusion that AIG's unilateral decision
to deny liability coverage to Liebovich was a violation of its duty to defend. That duty was established
by the filing of a complaint against Liebovich which, contrary to AIG's arguments, ...
¶ 2 We conclude as follows: (1) Wis. Stat. § 895.045(2) is the legislative codification of the concerted
action theory of liability; (2) the damages in this case resulted from the consumption of beer to
the point of intoxication and the subsequent decision to drive while intoxicated; and (3) ...