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MORATECK v. MILWAUKEE AUTOMOBILE MUT. INS. CO.

34 Wis.2d 95 (1967)

MORATECK, by Guardian ad litem, and another, Appellants, v. MILWAUKEE AUTOMOBILE MUTUAL INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

February 28, 1967.

Attorney(s) appearing for the Case

For the appellants there was a brief by Silverstein, Warshafsky & Rotter, attorneys, and David L. Walther of counsel, all of Milwaukee, and oral argument by Mr. Walther.

For the respondent there was a brief and oral argument by D. J. Regan of Milwaukee.

HEFFERNAN, J.

The respondent Milwaukee Auto argues that it is entitled to full subrogation by virtue of the provisions in the insurance policy. We conclude, however, that the terms of that policy are irrelevant to this appeal. The 1963 case, which was appealed to this court and which would have resulted in this court's construction of the provisions of Milwaukee Auto's uninsured motorists policy, was abandoned by the parties and the policy provisions are not before...

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