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BLUE CROSS v. FIREMAN'S FUND

No. 84-1853.

132 Wis.2d 62 (1986)

390 N.W.2d 79

BLUE CROSS & BLUE SHIELD UNITED OF WISCONSIN, Plaintiff-Appellant, v. FIREMAN'S FUND INSURANCE COMPANY OF WISCONSIN and Stanley E. Altenbern, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 14, 1986.

Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the briefs of Donald H. Piper and Terry J. Bath of Fellows, Piper & Schmidt of Milwaukee.

For the defendants-respondents, the cause was submitted on the briefs of Paul R. Hoefle, Frisch, Dudek and Slattery, Ltd. of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

Blue Cross & Blue Shield United of Wisconsin (Blue Cross) appeals a circuit court judgment dismissing its subrogation complaint against Fireman's Fund Insurance Company of Wisconsin (Fireman's) and its insured, Stanley E. Altenbern.

The circuit court held that Blue Cross's complaint failed to state a claim for relief because it did not allege that Blue Cross's insured had been made whole by virtue of a settlement with Fireman's pursuant...

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