Kremers-Urban Co. v. American Employers Ins. Co

In Kremers-Urban Co. v. American Employers Ins. Co., 119 Wis. 2d 722, 735, 351 N.W.2d 156, 163 (1984), the insured sought coverage of claims brought against it for manufacturing and marketing DES for sale to pregnant women, who then ingested DES and thereby exposed their unborn children to higher risks of developing certain types of cancer. Some of the relevant insurance policies defined "occurrence" as "an accident, including injurious exposure to conditions, which results, during the policy period, in bodily injury or property damage neither expected nor intended from the standpoint of the accused." "Bodily injury" was defined as "bodily injury, sickness or disease sustained by any person." Id. The supreme court concluded that, in order for coverage to be invoked under the foregoing policy, "an injury, sickness or disease had to result during that policy period." Id., 119 Wis. 2d at 737, 351 N.W.2d at 164.