No. 701 (1974).

72 Wis.2d 472 (1976)

241 N.W.2d 171

HALLMARK INSURANCE COMPANY, Appellant, v. CRARY ENTERPRISES, INC., and another, Respondents.

Supreme Court of Wisconsin.

Decided May 4, 1976.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Alfred S. Regnery and Stroud, Stroud, Willink, Thompson & Howard of Madison.

For the respondents the cause was submitted on the brief of Axley, Brynelson, Herrick & Gehl of Madison.


The sole issue presented on appeal is whether the nonliability status of an employee as an insured accrues to the benefit of his employer when the status is obtained independent of such employment.

In reaching its decision the trial court correctly acknowledged the general rule that an insurer cannot recover by right of subrogation from its own insured. Much emphasis was laid on the case of New Amsterdam...

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