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RIMES v. STATE FARM MUT. AUTO. INS. CO.

No. 81-387.

106 Wis.2d 263 (1982)

316 N.W.2d 348

Palmer H. RIMES and Patricia A. Rimes, Plaintiffs-Respondents, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided March 2, 1982.

Attorney(s) appearing for the Case

For the appellant there was a briefs by Kenneth W. Forbeck and O'Neal, Noll, Elliott, Forbeck & Iglesias, S.C., of Beloit, and oral argument by Kenneth W. Forbeck.

For the respondents there was a brief by Edward Grutzner and Grutzner, Byron & Holland, S.C., of Beloit, and oral argument by Edward Grutzner.

On certification from Court of Appeals.

HEFFERNAN, J.

The question presented is whether an automobile insurer, State Farm Mutual Automobile Insurance Company, which, under a subrogation agreement signed by its insured, Palmer H. Rimes, has made payment under the medical-pay provisions of its policy, has the right to recover those payments out of the monies received by its insured in a settlement with negligent third-party tortfeasors and their liability insurers...

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