WAUPACA COUNTY, WI – In a decisive Friday ruling, the Wisconsin Court of Appeals upheld a lower‑court order that requires Maple Valley Mutual Insurance Company to continue defending Tony Haase in a civil wrongful‑death suit stemming from the 1992 murders of Tanna Togstad and Timothy Mumbrue.
Background of the case
Haase was acquitted last year of the double homicide that shocked rural Waupaca County. Shortly before the criminal trial concluded, the Togstad family filed a civil action seeking $17 million in damages, alleging Haase’s responsibility for the deaths.
Because Haase’s auto‑insurance policy named Maple Valley Mutual as his insurer, the company retained counsel to represent him in the civil case. The insurer later moved to dismiss itself, arguing that its policy does not cover the alleged conduct.
Lower‑court decision
In October, a Waupaca County judge denied Maple Valley’s motion, finding that the policy’s language could be interpreted to provide coverage for the type of claim presented. The insurer appealed that decision, filing an interlocutory appeal – a request to have the issue reviewed before the underlying case reaches a final judgment.
Appeals court ruling
The appellate panel rejected the insurer’s request, stating that the lower court’s analysis was sound and that the policy’s coverage issues should be resolved as part of the ongoing litigation. Court records show the decision was unanimous and that the insurer must remain on the defense team.
“The insurer’s contractual obligations cannot be sidestepped through an early appeal,” the opinion read. “The proper forum for resolving coverage disputes is the trial court handling the underlying civil action.”
Next steps
A status conference is scheduled for December 18, where the parties will discuss the case’s progress and any further motions. Haase continues to deny any wrongdoing in the civil suit, mirroring his defense at the criminal trial.
The decision underscores the courts’ willingness to enforce insurance contracts and ensure that plaintiffs have the resources to pursue their claims, even when insurers seek to limit their exposure.
Community impact
For residents of Waupaca County, the ruling highlights the ongoing legal ramifications of a tragedy that remains fresh in local memory. It also serves as a reminder that insurance coverage can play a pivotal role in civil litigation, affecting both plaintiffs seeking compensation and insurers navigating policy obligations.
Original reporting: Appleton, WI News Feed (HLL/CB) — read the source article.