EMMCO INS. CO. v. PALATINE INS. CO.


263 Wis. 558 (1953)

EMMCO INSURANCE COMPANY, Appellant, vs. PALATINE INSURANCE COMPANY, LTD., Respondent.

Supreme Court of Wisconsin.

May 5, 1953.


Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Alan Shafrin of Milwaukee.

For the respondent there was a brief by Wolfe, O'Leary & Kenney of Milwaukee, and oral argument by H. O. Wolfe.


CURRIE, J.

As found in the trial court's findings of fact, the plaintiff insurance company, by payment of the entire loss to Frese, became subrogated to any rights Frese then had against the defendant insurance company upon the policy issued by the latter. Therefore, the issues presented on this appeal must be determined on the same basis as if the insured himself had brought suit on the policy to recover for his loss.

In this case we have a situation in which...

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