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HOLSUM FOODS v. HOME INS. CO.

No. 90-1617.

162 Wis.2d 563 (1991)

469 N.W.2d 918

HOLSUM FOODS DIVISION OF HARVEST STATES COOPERATIVES, Plaintiff-Respondent, v. The HOME INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 24, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Craig W. Nelson, Michael T. Steber and William J. Richards of Piette, Nelson, Zimmerman & Dries, S.C., of Milwaukee. There was oral argument by Craig W. Nelson.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Robert L. Binder and James L. Huston of Foley & Lardner of Milwaukee. There was oral argument by James L. Huston.

Before Brown, Scott and Anderson, JJ.

BROWN, J.

The dispositive issue is whether Holsum Foods was in the business of manufacturing a product as opposed to providing services, when it mixed, cooked, jarred and packaged ingredients provided by a customer. We hold that Holsum was manufacturing a product. Therefore, Holsum was not covered by a Home Insurance comprehensive liability policy excluding property damage "to the named insured's products." We reverse the order and remand with directions to enter...

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