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EMPLOYERS INSURANCE OF WAUSAU v. SHEEDY

No. 181.

42 Wis.2d 161 (1969)

166 N.W.2d 220

EMPLOYERS INSURANCE OF WAUSAU, Appellant, v. SHEEDY, Special Administrator of the Estate of CARL G. ZADRA, and another, Respondents.

Supreme Court of Wisconsin.

Decided April 1, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Stanley F. Schellinger of Milwaukee.

For the respondent Patrick T. Sheedy there was a brief by Kivett & Kasdorf, attorneys, and Nonald J. Lewis and Donald C. Fellows of counsel, all of Milwaukee, and oral argument by Mr. Fellows.

For the respondent Frank Jahn & Sons, Inc., there was a brief by Kluwin, Dunphy, Hankin & Hayes, attorneys, and Michael J. Pfau of counsel, all of Milwaukee, and oral argument by Mr. Pfau.

BEILFUSS, J.

The issues are:

1. Is the subrogated insurance carrier estopped from asserting its claim against the alleged tort-feasor subcontractor Zadra because of the settlement of Zadra's action?

2. Is the claim of the subrogated insurance carrier against the alleged tort-feasor subcontractor Jahn defeated by waiver because of the payment of Jahn's contract claim ?

It is agreed by all parties that when Employers Mutuals settled the claim...

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