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PEPSI-COLA METROPOLITAN BOTTLING COMPANY, INC. v. EMPLOYERS INSURANCE COMPANY OF WAUSAU

No. 2021AP635.

990 N.W.2d 267 (2023)

2023 WI 42

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

Supreme Court of Wisconsin.

Opinion Filed: May 24, 2023.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner, there were briefs filed by Michael J. Cohen , Pamela J. Tillman , James M. Sosnoski , Caleb R. Gerbitz , and Meisser, Tierney, Fisher & Nichols, S.C., Milwaukee. There was an oral argument by Michael J. Cohen.

For the plaintiff-appellant, there was a brief filed by Lee M. Seese , Kimberly A. Streff , and Michael Best & Friedrich, LLP, Milwaukee, and Jeffrey S. Raskin , David S. Cox , David B. Salmons , Brendan J. Anderson and Morgan, Lewis & Bockius, LLP, San Francisco, Los Angeles, and Washington D.C. There was an oral argument by David B. Salmons.

An amicus curiae brief was filed by Heidi L. Vogt , Janet E. Cain and von Briesen & Roper, s.c., Milwaukee, for the Complex Insurance Claims Litigation Association.

An amicus curiae brief was filed by Raj Patel , Robert J. Gilbert , Michael L. Huggins , and Latham & Watkins, LLP, Chicago, Boston, and San Diego, for Wisconsin Manufacturers & Commerce and Emerson Electric Company.

An amicus curiae brief was filed by James A. Friedman , Daniel C.W. Narvey , and Godfrey & Kahn, S.C., Madison, for the Wisconsin Insurance Alliance.

¶1 Employers Insurance Company of Wausau (Wausau) petitioned for review of a court of appeals decision, Pepsi-Cola Metropolitan Bottling Company, Inc. v. Employers Insurance of Wausau, 2022 WI App 45, 404 Wis.2d 337, 979 N.W.2d 627, which reversed a circuit court order granting summary judgment for Wausau and denying...

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