PEPSI COLA METROPOLITAN BOTTLING COMPANY INC v. EMPLOYERS INSURANCE COMPANY OF WAUSAU (2023)

Supreme Court of Wisconsin.

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

No. 2021AP635

Decided: May 24, 2023

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.