NEW AMSTERDAM CAS. CO. v. ACORN PRODUCTS CO.

No. 177.

42 Wis.2d 127 (1969)

166 N.W.2d 198

NEW AMSTERDAM CASUALTY COMPANY, Respondent, v. ACORN PRODUCTS COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided April 1, 1969.


Attorney(s) appearing for the Case

For the appellant there were briefs by Giffin, Simarski, Goodrich & Brennan, attorneys, and Alvin A. Stack of counsel, all of Milwaukee, and oral argument by Mr. Stack.

For the respondent there was a brief by Kluwin, Dunphy, Hankin & Hayes of Milwaukee, and oral argument by John A. Kluwin.


CONNOR T. HANSEN, J.

The plaintiff contends that Acorn breached its contract with Woerfel by not procuring workmen's compensation insurance and, therefore, the plaintiff seeks damages equivalent to the sums paid the injured employee.

The defendant contends that the plaintiff, as insurer of Woerfel, is not entitled to subrogation against it. The defendant further asserts that plaintiff is subrogated to only those...

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