WEST BEND MUTUAL v. IXTHUS MEDICAL SUPPLY

No. 2017AP909.

923 N.W.2d 550 (2019)

2019 WI 19

WEST BEND MUTUAL INSURANCE COMPANY, Plaintiff-Respondent-Petitioner, v. IXTHUS MEDICAL SUPPLY, INC. and Karl Kunstman, Defendants-Appellants, Abbott Laboratories, Abbott Diabetes Care Inc. and Abbott Diabetes Care Sales Corp., Defendants-Co-Appellants.

Supreme Court of Wisconsin.

Opinion Filed: February 28, 2019.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner, the initial supreme court brief was filed by Kris Bartos and the reply brief was filed by Danielle N. Rousset , with whom on the briefs was Jeffrey Leavell and Jeffrey Leavell, S.C., Racine. There was an oral argument by Jeffrey L. Leavell.

For the defendants-appellants, there was a brief filed by Jason Pilmaier , Albert Solochek , and Howard, Solochek & Weber, S.C., Milwaukee. There was an oral argument by Jason Pilmaier.

For the defendants-co-appellants, there was a brief filed by Michael P. Mayer , Linda T. Coberly , and Winstron & Strawn LLP, Chicago, IL. There was an oral argument by Linda T. Coberly.

An amicus curiae brief was filed on behalf of Wisconsin Insurance Alliance by James A. Friedman , Amber Coisman , and Godfrey & Kahn, S.C., Madison.


¶ 1 In this duty to defend case, West Bend Mutual Insurance Company asks us to reverse the court of appeals' decision holding that the allegations in Abbott Laboratories' complaint against Ixthus Medical Supply, Inc. alleged a potentially covered advertising injury, and as a result, triggered West Bend's duty to defend...

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