Pepsi-Cola Metropolitan Bottling Company, Inc. v. Employers Insurance Company of Wausau, 990 N.W.2d 267

Parties: Pepsi‑Cola Metropolitan Bottling Company, Inc. (plaintiff‑appellant) v. Employers Insurance Company of Wausau (defendant‑respondent‑petitioner).
Procedural history: Circuit court granted summary judgment for Wausau and denied Pepsi’s motion for partial summary judgment.
Court of Appeals: Reversed the circuit court judgment (Pepsi‑Cola Metropolitan Bottling Co. v. Employers Ins. Co. of Wausau, 404 Wis. 2d 337, 979 N.W.2d 627 (Ct. App. 2022)).
Supreme Court review: Wausau petitioned for review; oral argument March 15, 2023; opinion filed May 24, 2023 (2023 WI 42).
Result at the Supreme Court: Per curiam decision—no three justices agreed on a disposition to either affirm, reverse, or affirm in part and reverse in part the court of appeals; because no majority as to the mandate, the court of appeals decision was affirmed.
Participation note: Justice Brian Hagedorn withdrew; Chief Justice Annette Kingsland Ziegler did not participate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether summary judgment for Wausau was proper	Pepsi argued the facts/policy did not support Wausau’s entitlement to full summary judgment	Wausau argued the record supported judgment in its favor	Court of Appeals reversed circuit court; Supreme Court affirmed Court of Appeals (no majority to alter)
Whether partial summary judgment for Pepsi should have been granted	Pepsi sought partial summary judgment on its coverage/liability theory	Wausau opposed, arguing genuine issues precluded such relief	Court of Appeals concluded partial summary judgment should have been granted; Supreme Court left that result in place by affirming the Court of Appeals

Pepsi‑Cola Metropolitan Bottling Co. v. Employers Ins. Co. of Wausau, 404 Wis. 2d 337 (Ct. App. 2022) (Court of Appeals reversed circuit court’s summary judgment disposition).