CUNNINGHAM v. METROPOLITAN LIFE INS. CO.

No. 83-445.

121 Wis.2d 437 (1985)

360 N.W.2d 33

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

Supreme Court of Wisconsin.

Decided January 3, 1985.


Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs by F.M. Van Hecke and Van Hecke & Mank, S.C., Milwaukee, and oral argument by F.M. Van Hecke.

For the defendant-respondent there was a brief by James O. Huber, Richard M. Esenberg and Foley & Lardner, Milwaukee, and oral argument by Mr. Huber.

Amicus curiae brief was filed by D.J. Weis and Johnson, Weis & Paulson, Rhinelander, for the Wisconsin Academy of Trial Lawyers.


WILLIAM A. BABLITCH, J.

Michael Cunningham seeks review of a court of appeals' decision that Metropolitan Life Insurance Company (Metropolitan) was equitably subrogated to Cunningham's interest in the settlement proceeds of Cunningham's wrongful death action against third-party tortfeasors.

The court of appeals held that the applicable terms of Metropolitan's group policy which contained a "Group Hospitalization and Physicians' Services Benefits Insurance...

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