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VOGT v. SCHROEDER

No. 84-1117.

129 Wis.2d 3 (1986)

383 N.W.2d 876

Hubert W. VOGT, Plaintiff-Respondent and Co-Appellant, v. Douglas J. SCHROEDER, Progressive Casualty Insurance Company, a foreign insurance corporation, Defendants-Appellants, WISCONSIN EMPLOYERS CASUALTY COMPANY, a domestic insurance corporation, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided April 2, 1986.

Attorney(s) appearing for the Case

For the defendants-appellants there were briefs by Jeffrey A. Schmeckpeper, Patti J. Kurth and Kasdorf, Dall, Lewis & Swietlik, S.C., Milwaukee, and oral argument by Mr. Schmeckpeper.

For the plaintiff-respondent and co-appellant there was oral argument by Phillip J. Eckert, West Bend.

For the defendant-respondent there was a brief by Robert L. Elliott and Cook & Franke, S.C., Milwaukee, and oral argument by Mr. Elliott.

HEFFERNAN, CHIEF JUSTICE.

This is an appeal from an order of the circuit court for Washington county accepted by this court upon the certification of the court of appeals.

The question in this case is whether an underinsurer has a right of subrogation against an underinsured tortfeasor when the underinsurer makes a partial payment of its insured's damages. We conclude that it has the right of subrogation; and therefore, with modification, we affirm the circuit...

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