The Wisconsin Supreme Court will meet just once for oral arguments in December. Of note, the Dec. 11 oral arguments include West Bend Mutual Insurance Co. v. Ixthus Medical Supply, Inc. The case will determine whether West Bend has a duty to defend Ixthus in a case involving the alleged illegal domestic sale of diabetic glucose test strips. Jeff Leavell, a former president of Wisconsin Defense Counsel, will be arguing the case.
Health care manufacturing company Abbott filed a suit against Ixthus, claiming that Ixthus wrongfully diverted test strips intended for international markets to domestic markets. Ixthus subsequently filed a claim with its insurer West Bend for a covered “advertising injury” under its policy.
West Bend argues there is no coverage because the policy also contained an exclusion for instances where the insured knowingly violates the rights of another. West Bend also argues there is no connection between Ixthus’s covered advertising activity and the injury to Abbott.
The Supreme Court will review the Court of Appeals District II decision that granted Ixthus coverage.