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BREWER v. AUTO-OWNERS INS. CO.

No. 86-2034.

142 Wis.2d 864 (1987)

418 N.W.2d 841

Stella V. BREWER, individually and as personal representative of the Estate of Harold R. Brewer, Plaintiff-Respondent, v. AUTO-OWNERS INSURANCE COMPANY, a foreign corporation, and Edward A. Beggs, Defendants, OLD REPUBLIC INSURANCE COMPANY, a foreign corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 30, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of James A. Meier and Meier, Wickhem, Southworth & Lyons, S.C., of Janesville.

For the plaintiff-respondent the cause was submitted on the brief of Margaret B. Grabowski and Brennan, Steil, Ryan, Basting & MacDougall, S.C., of Janesville.

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

DYKMAN J.

Old Republic Insurance Company (Republic) appeals from an order, entered under sec. 102.29(1), Stats., allocating the insurance proceeds Stella Brewer received in her wrongful death action against Edward Beggs and his insurer, Auto-Owners Insurance Company. The issue is whether a trial court must distribute insufficient insurance proceeds between two sets of competing claims, one set which is subject to sec. 102.29(1) allocation1

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