WAUPACA COUNTY, WI (WTAQ-WLUK) — Tony Haase’s insurance company must provide coverage to him in a wrongful death civil lawsuit filed by the family of Tanna Togstad, a judge ruled Thursday.
Haase was acquitted last year for the 1992 murders of Togstad and Timothy Mumbrue at a home in rural Waupaca County. Shortly before the trial concluded, Togstad’s family filed a civil lawsuit, seeking $17 million in damages.
Maple Valley Mutual Insurance Company retained counsel to defend Haase in the case, but asked the court to dismiss it from the case, arguing that its policies do not provide coverage for Haase’s alleged acts.
But in an eight-page ruling Thursday, Outagamie County Judge Vince Biskupic denied the insurance company’s motion.
“Haase also correctly argues that Togstad alleges that Haase acted recklessly, and Wisconsin courts have found reckless conduct to be ‘accidental’ for insurance coverage purposes. Maple Valley responds that the substance of the allegations control, not the labels that Togstad places on them. The Court disagrees that Togstad has failed to allege reckless conduct. To the extent that Haase is alleged to have acted recklessly, the unintended results could be an ‘accident.’ Thus, the facts alleged in the Amended Complaint do not preclude coverage under Maple Valley’s policies,” the ruling states.
No trial date has been set. Another hearing is set for Oct. 12.
Just as he did at his criminal trial, Haase has denied the civil case allegations that he killed the couple.
