L.L. v. Medical Protective Co
In L.L. v. Medical Protective Co., 122 Wis. 2d 455, 362 N.W.2d 174 (Ct. App. 1984) the Court concluded that a policy exclusion "for 'payment of damages ... if said damages are in consequence of the performance of a criminal act,'" did not exclude coverage of the plaintiff's malpractice claim against her psychiatrist for his alleged criminal sexual acts with her because the psychiatrist's alleged sexual relationship with the plaintiff also constituted malpractice. See id., 122 Wis. 2d at 463-464, 362 N.W.2d at 178-179.
In coming to this conclusion, however, the court held that the insurance policy at issue was ambiguous as to whether it covered acts that constituted both criminal conduct and malpractice; therefore, the court construed the policy against the insurer and in favor of coverage. See id., 122 Wis. 2d at 464, 362 N.W.2d at 179.