Plastics Engineering Company (PLENCO) v. Liberty Mutual Insurance Company, 2009 WI 13, is an asbestos insurance case recently issued by the Wisconsin Supreme Court.  The primary holding of the decision is found in the following paragraph:  “First, under this policy and the facts of this case, we must determine what constitutes an occurrence and how many occurrences have taken place.  Liberty Mutual argues that Plenco’s manufacture and sale of asbestos-containing products without warning constitutes one occurrence regardless of the number of people injured.  Plenco, on the other hand, argues that each individual’s exposure to asbestos, which results in injury, constitutes a single occurrence.  Under Plenco’s argument, several occurrences have taken place because many people have been exposed over the span of many years.  Given the policy language, we agree with Plenco and conclude that each individual’s repeated exposure constitutes an occurrence.”

Since this asbestos case affects businesses and insurers in Wisconsin asbestos lawsuits, I’ll direct those folks to Quarles’ and Foley’s interpretations of the case.