01-1314 Nu-Pak, Inc. v. Wine Specialties International Ltd.

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“Assuming for the sake of argument that the damage to tangible property caused by Nu-Pak’s alleged negligence falls under the policy’s statement of coverage, the next question is whether one or more exclusions apply. Transportation contends that both the ‘your product’ and ‘your work’ exclusions clearly and unambiguously apply in this case. We conclude that although there is some potential ambiguity in the ‘your work’ exclusion, we agree with Transportation as to the ‘your product’ exclusion. …

“Under the ‘your product’ exclusion, there is no coverage for property damage to goods or products ‘manufactured’ or ‘handled’ by the insured. Here, Nu-Pak’s alleged negligence purportedly was a cause of damage to property that Nu-Pak ‘manufactured’ and ‘handled’ in the course of attempting to fulfill its obligations under the processing and packaging agreement. [Citation]. Accordingly, we conclude, as we did in Holsum [Foods Div. of Harvest States Coop. v. Home Ins. Co., 162 Wis.2d 563 (Ct. App. 1991)], that the damage to Wine Specialties’ tangible property is excluded under the unambiguous terms of the ‘your product’ exclusion.”

Judgment affirmed.

Recommended for publication in the official reports.

Dist IV, Grant County, Curry, J., Roggensack, J.

Attorneys:

For Appellant: Sheila S. Kelley, Platteville; Christopher D. Stombaugh, Platteville

For Respondent: David J. Farley, Milwaukee; Laurie E. Meyer, Milwaukee