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CUNNINGHAM v. METROPOLITAN LIFE INS. CO.

No. 83-445.

116 Wis.2d 331 (1983)

342 N.W.2d 60

Michael A. CUNNINGHAM, Plaintiff-Appellant, v. METROPOLITAN LIFE INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 18, 1983.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Van Hecke & Mank, S.C., with F.M. Van Hecke of counsel, of Milwaukee.

For the defendant-respondent the cause was submitted on the briefs of Foley & Lardner, with James O. Huber and Richard M. Esenberg of counsel, of Milwaukee.

Before Wedemeyer, P.J., Decker and Moser, JJ.

DECKER, J.

Michael Cunningham (Cunningham) appeals from a judgment that respondent Metropolitan Life Insurance Co., (Metropolitan) had a subrogated interest in the settlement proceeds of Cunningham's wrongful death action because the coverage of Metropolitan's policy constituted an indemnity policy. Cunningham contends that the policy is an investment policy and that, therefore, in the absence of an express subrogation...

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