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PERKINS v. WORZALA

31 Wis.2d 634 (1966)

PERKINS, Plaintiff, v. WORZALA and others, Defendants and Appellants: PREFERRED RISK MUTUAL INSURANCE COMPANY and another, Impleaded Defendants and Respondents.

Supreme Court of Wisconsin.

July 1, 1966.

Attorney(s) appearing for the Case

For the appellants there were briefs by Kivett & Kasdorf, attorneys, and Nonald J. Lewis and Werner E. Scherr of counsel, all of Milwaukee, and oral argument by Mr. Lewis.

For the respondents there was a brief by Kluwin, Dunphy, Hankin & Hayes of Milwaukee, and oral argument by Gerald T. Hayes.

WILKIE, J.

The sole issue presented on this appeal is whether a complaint which alleges that an insurer has made a settlement payment to a nonparty on behalf of its insured-defendant and asks for contribution from other codefendants in case joint liability is found to exist, can also state an alternative cause of action for indemnity of the payment by the insured-defendant in the event the said insured-defendant is found to be free of negligence.

Appellant...

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