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PEPSI-COLA v. EMPLOYERS INS. CO.

Appeal No. 2021AP635.

979 N.W.2d 627 (2022)

2022 WI App 45

PEPSI-COLA METROPOLITAN BOTTLING COMPANY, INC., Plaintiff-Appellant, v. EMPLOYERS INSURANCE COMPANY OF WAUSAU, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed: July 8, 2022.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Lee M. Seese of Michael Best & Friedrich LLP, Milwaukee, WI.

On behalf of the defendant-respondent, the cause was submitted on the brief of Michael J. Cohen of Miesner Tierney Fisher & Nichols S.C., Milwaukee, WI.

A nonparty brief was filed by Robert Gilbert of Latham & Watkins, LLP of Boston, Massachusetts, for Wisconsin Manufacturing & Commerce and Emerson Electric Company.

A nonparty brief was filed by James A. Friedman of Godfrey & Kahn, S.C. of Madison, Wisconsin, for Wisconsin Insurance Alliance.

Before Neubauer, Grogan and Kornblum, JJ.

¶1 Pepsi-Cola Metropolitan Bottling Company, Inc. (Pepsi) appeals an order of the circuit court denying its motion for partial summary judgment against Employers Insurance Company of Wausau (Wausau) and granting Wausau's cross-motion for summary judgment. Pepsi contends that it is the assignee of rights under several liability...

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