Gagnon v. Alias Ins. Co., Wis. App. December 4, 2007)
The Wisconsin Court of Appeals has ruled that a trial court did not err in holding that a product manufacturer had failed to present evidence of the existence and material terms of a missing 1982 CGL policy. Furthermore, the Court of Appeals ruled that even had such a policy existed, the undisputed evidence was that the trigger of coverage for such CGL policies was the occurrence of injuries during the policy period and that the policy would therefore not have applied since even though the belt sander in question was manufactured in 1982, it did not injure the underlying claimant until 2002.
