Opinion
No. 2012AP2811.
2013-09-10
EAGLE FUEL CELLS–ETC, INC., Plaintiff–Appellant, v. ACUITY, A Mutual Insurance Company, Defendant–Respondent.
Id., ¶ 10. Id., ¶ 76 (emphasis omitted). Failure to make this preliminary showing is grounds for summary judgment in favor of the insurer. Id., ¶ 79. In other words, to survive a summary judgment motion, the insured must present “some evidence that the insurer's denial of coverage was unreasonable, or ... that coverage was not fairly debatable.” See Ullerich v. Sentry Ins., 2012 WI App 127, ¶ 22, 344 Wis.2d 708, 824 N.W.2d 876. 6