WONDROWITZ v. SWENSON.

No. 85-1317.

132 Wis.2d 251 (1986)

392 N.W.2d 449

Mary T. WONDROWITZ and Robert E. Wondrowitz, Plaintiffs-Respondents and Cross-Respondents, WISCONSIN PHYSICIANS SERVICE INSURANCE CORPORATION, Intervenor Plaintiff-Respondent and Cross-Respondent, v. Randall P. SWENSON, and American Family Insurance Company, Defendants-Respondents, GENERAL CASUALTY INSURANCE COMPANY, Defendant-Respondent and Cross-Respondent, ESTATE OF Eugene C. SPRIGGLE, by Constance Spriggle, Personal Representative, Defendant-Cross-Appellant, WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Estate of Steven J. Fisher, by Laura Fisher, Personal Representative, Regent Insurance Company, Elroy Haats, Interstate Implement Company, and John Deere Insurance Company, Defendants. ESTATE OF Eugene C. SPRIGGLE by Constance Spriggle, Personal Representative, Plaintiff-Appellant, v. Randall P. SWENSON and American Family Mutual Insurance Company, Defendants-Respondents, GENERAL CASUALTY COMPANY OF WISCONSIN, Defendant-Respondent and Cross-Appellant, REGENT INSURANCE COMPANY, Defendant, Mary T. WONDROWITZ and Milwaukee Mutual Insurance Company, Defendants and Third-Party Plaintiffs, Laura FISHER, Personal Representative of the Estate of Steven J. Fisher and Regent Insurance Company, Third-Party Defendants. ESTATE OF Steven J. FISHER, by Laura Fisher, Personal Representative, Plaintiff-Appellant, v. Randall P. SWENSON and American Family Insurance Company, Defendants-Respondents, GENERAL CASUALTY INSURANCE COMPANY, Defendant-Respondent and Cross-Appellant, WESTERN NATIONAL MUTUAL INSURANCE COMPANY, Defendant, Mary WONDROWITZ and Milwaukee Mutual Insurance Company, Defendants and Third-Party Plaintiffs, Constance SPRIGGLE, Personal Representative of the Estate of Eugene C. Spriggle and Western National Mutual Insurance Company, Third-Party Defendants. Mary T. WONDROWITZ and Robert E. Wondrowitz, Plaintiffs-Respondents and Cross-Respondents, WISCONSIN PHYSICIANS SERVICE INSURANCE COMPANY, Intervenor Plaintiff-Respondent and Cross-Respondent, v. Elroy HAATS, Interstate Implement Company and John Deere Insurance Company, Defendants and Third-Party Plaintiffs, ESTATE OF Eugene C. SPRIGGLE, Western National Mutual Insurance Company, Estate of Steven J. Fisher, Regent Insurance Company, Mary T. Wondrowitz and Milwaukee Mutual Insurance Company, Third-Party Defendants, Randall P. SWENSON, American Family Mutual Insurance Company and General Casualty Company of Wisconsin, Third-Party Defendants-Respondents. ESTATE OF Eugene C. SPRIGGLE, by Constance Spriggle, Personal Representative, Plaintiff-Appellant, v. Elroy HAATS, Interstate Implement Company and John Deere Insurance Company, Defendants and Third-Party Plaintiffs, Mary T. WONDROWITZ, Milwaukee Mutual Insurance Company, Estate of Steven J. Fisher and Regent Insurance Company, Third-Party Defendants, GENERAL CASUALTY COMPANY OF WISCONSIN, Randall P. Swenson, and American Family Mutual Insurance Company, Third-Party Defendants-Respondents. ESTATE OF Steven J. FISHER, by Laura Fisher, Personal Representative, Plaintiff-Appellant, v. Elroy HAATS, Interstate Implement Company and John Deere Insurance Company, Defendants and Third-Party Plaintiffs, ESTATE OF Eugene C. SPRIGGLE, Western National Insurance Company, Mary T. Wondrowitz and Milwaukee Mutual Insurance Company, Third-Party Defendants, GENERAL CASUALTY COMPANY OF WISCONSIN, Randall P. Swenson and American Family Mutual Insurance Company, Third-Party Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 10, 1986.


Attorney(s) appearing for the Case

For the plaintiff-appellant, Estate of Eugene C. Spriggle, and the plaintiff-appellant, Estate of Steven J. Fisher, there were briefs by Ardell W. Skow, of Doar, Drill & Skow, S.C., and Robert J. Richardson, of Spring Valley.

For the cross-appellants, General Casualty Insurance Co. and Estate of Eugene C. Spriggle, there were briefs by Weisel, Thrasher, Doyle & Pelish, Ltd., of Rice Lake.

For the defendant-respondent, General Casualty Co. of Wisconsin, there was a brief by Weisel, Thrasher, Doyle & Pelish, Ltd., of Rice Lake.

For the cross-respondents, Mary T. Wondrowitz and Robert E. Wondrowitz, there was a brief by B.J. Hammarback, of Spring Valley, and Russell E. Berg, of River Falls.

For the respondents, Mary T. Wondrowitz and Robert E. Wondrowitz, there was a brief by B.J. Hammarback, of Spring Valley, and Russell E. Berg, of River Falls.

Before Cane, P.J., Dean and LaRocque, JJ.


CANE, P.J.

The estates of Eugene Spriggle and Steven Fisher appeal a judgment dividing insurance proceeds owed by Randall Swenson and American Family Insurance Company between Spriggle, Fisher, and Mary Wondrowitz. General Casualty Insurance Company, Spriggle's auto insurance carrier, cross-appeals a judgment holding it liable to Mary Wondrowitz for damages. Because the trial court failed to allocate Swenson's insurance proceeds on a pro rata basis and miscalculated...

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