WISCONSIN PHARMACAL v. NEBRASKA CULTURES

Nos. 2013AP613, 2013AP687.

856 N.W.2d 505 (2014)

2014 WI App 111

WISCONSIN PHARMACAL COMPANY, LLC, Plaintiff, v. NEBRASKA CULTURES OF CALIFORNIA, INC. and Evanston Insurance Company, Defendants, Jeneil Biotech, Inc., Defendant-Appellant, The Netherlands Insurance Company, Defendant-Respondent. Wisconsin Pharmacal Company, LLC, Plaintiff, v. Nebraska Cultures of California, Inc., Defendant-Appellant, Jeneil Biotech, Inc. and The Netherlands Insurance Company, Defendants, Evanston Insurance Company, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed October 29, 2014.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant Nebraska Cultures of California, Inc., the cause was submitted on the briefs of Patryk Silver of Borgelt, Powell, Peterson & Frauen, S.C., Madison.

On behalf of the defendant-appellant Jeneil Biotech, Inc., the cause was submitted on the briefs of James A. Baxter and Rachel N. Schepp of von Briesen & Roper, S.C., Milwaukee.

On behalf of the defendant-respondent Evanston Insurance Company, the cause was submitted on the brief of Mark F. Wolfe and Natalie M. Limber of Traub Lieberman Straus & Shrewsberry LLP, Chicago, Illinois.

On behalf of the defendant-respondent The Netherlands Insurance Company, the cause was submitted on the brief of Thomas R. Schrimpf and Elizabeth A. Odian of Hinshaw & Culbertson LLP, Milwaukee.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.


¶ 1 This is an insurance coverage dispute in which the insureds supplied an incorrect ingredient for incorporation into a dietary supplement. The question presented is whether the insured suppliers' negligent provision of an ingredient that renders the other ingredients and the final product unusable when incorporated constitutes...

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