In Estate of Sustache v. American Family Mut. Ins. Co., 2008 WL 2680443 (Wis., 2008), the question for the Wisconsin Supreme Court was whether an insurer has a duty to defend an insured, under the liability coverage provisions of a homeowner's insurance policy, when the insured “without warning or provocation, punched decedent out, causing him to fall into a curb thereby causing serious injuries and ultimately death,” leading to a count of “battery … by intentionally causing bodily harm … thereby causing decedent's death.”