On May 23, 2017, Shareholder Michael Cohen presented oral argument in the U.S. Court of Appeals for the Seventh Circuit on behalf of multiple insurers on coverage issues related to what constitutes “property damage” caused by an “occurrence” under Wisconsin law. Land O’Lakes, Inc. v. Ratajczak, Appeal Nos. 16-3490 and 16-3920. The insurers had succeeded on motions for summary judgment in the U.S. District Court for the Eastern District of Wisconsin, which found that Land O’Lakes’s allegations related to purported misrepresentations regarding the ingredients and quality of whey protein concentrate which was incorporated into animal feed replacer products did not constitute “property damage” caused by an “occurrence.” Land O’Lakes, Inc. v. Ratajczak, 2016 WL 8215225 (applying Wis. Pharmacal Co., LLC v. Neb. Cultures of Cal., Inc., 2016 WI 14, 367 Wis. 2d 221, 876 N.W.2d 72 and Everson v. Lorenz, 2005 WI 51, 280 Wis. 2d 1, 695 N.W.2d 298). The Seventh Circuit has taken the case under advisement.
Attorney Cohen’s argument begins at the 27:17 mark and can be heard here:
Attorney Michael Cohen dedicates a substantial portion of his practice to representing insurance companies in insurance coverage litigation and can be reached at firstname.lastname@example.org or by calling (414) 273-1300.