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GARRITY v. RURAL MUT. INS. CO.

No. 75-178.

77 Wis.2d 537 (1977)

253 N.W.2d 512

GARRITY, and wife, Plaintiff-Appellants, v. RURAL MUTUAL INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Respondent: RURAL MUTUAL INSURANCE COMPANY, Third-Party Defendant-Respondent.

Supreme Court of Wisconsin.

Decided May 17, 1977.

Attorney(s) appearing for the Case

For the appellants there were briefs by Kaftan, Kaftan, Kaftan, Kuehne & Van Egeren, S. C. and oral argument by Arthur Kaftan, all of Green Bay.

For the respondent there was a brief by Everson, Whitney, Everson, Brehm & Pfankuch, S. C. and oral argument by John Herald, all of Green Bay.

DAY, J.

The question is: When an insured's loss exceeds the amount recoverable under a standard fire insurance policy written in conformity with section 203.01, Wis. Stats. 1969,1 what are the respective rights of the insured and the subrogated insurer to the damages recovered from the tort-feasor who caused the loss?

We hold the insured is entitled to be made whole before the insurer may share in the amount recoverable from the...

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