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EMPLOYERS MUTUAL v. LIBERTY MUTUAL

No. 84-2318.

131 Wis.2d 540 (1986)

388 N.W.2d 858

EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, a Wisconsin insurance corporation, Plaintiff-Respondent, v. LIBERTY MUTUAL INSURANCE COMPANY, a foreign insurance corporation, and Modern Equipment Company, Defendants-Appellants, Raymond POLZIN, Normand Moak, Leonard P. Jensen, Clifford E. Hohn, Ignacio Parra, Gordon F. Larsen, Gregg R. Johnson, Heslyn A. Menadue, and George Watson, Defendants.

Court of Appeals of Wisconsin.

Decided April 24, 1986.

Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of James J. Hinchey, Jr., and Bruce B. Deadman, and Everson, Whitney, Everson & Brehm, S.C. of Green Bay.

For the plaintiff-respondent the cause was submitted on the brief of Thomas W. Bertz and John G. Shannon and Anderson, Fisher, Shannon, O'Brien & Rice of Stevens Point.

Before Gartzke, P.J., Dykman and Eich, JJ.

EICH, J.

Liberty Mutual Insurance Company and Modern Equipment Company appeal from an order denying their motion to dismiss a claim brought by Employers Mutual Liability Insurance Company for the benefit of certain injured employees. The issue is whether, on the facts of this case, Employers Mutual, a worker's compensation insurer, has standing to bring an action on behalf of the injured employees in a third-party action under sec. 102.29(1), Stats. We conclude that...

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