Abbott Ruling Dulls Insurers' 'Knowing Violation' Sword

Law360 (March 6, 2019, 8:20 PM EST) -- Insurers may have a harder time defeating certain duty-to-defend claims after the Wisconsin high court recently ruled that a medical supplier's carrier must defend it in a sprawling suit brought by Abbott Laboratories, saying a common exclusion for policyholders’ “knowing violations” of others’ rights didn’t necessarily vanquish the right to coverage.

In a Feb. 28 opinion, the Wisconsin Supreme Court upheld a lower court’s decision that West Bend Mutual Insurance Co. has a duty to defend policyholder Ixthus Medical Supply Inc., which is among more than 100 medical supply distributors and pharmacies named as defendants in Abbott’s underlying action. The drugmaker...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!