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ALLIANZ INS. CO. v. CRESCENT GARAGE

No. 87-1632.

145 Wis.2d 287 (1988)

426 N.W.2d 104

ALLIANZ UNDERWRITERS INSURANCE COMPANY, and Tab Products Company, Plaintiffs-Appellants, v. CRESCENT GARAGE, INC., Rigsby Truck Lines, Inc., Iowa National Mutual Insurance Company and Home Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 19, 1988.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the Bruce A. Olson and Patrick F. Koenen and Kluwin, Dunphy & Hankin of Milwaukee.

For the defendants-respondents Crescent Garage, Inc., and Iowa National Mutual Insurance Company, the cause was submitted on the brief of Joseph J. Ferris and Kasdorf, Lewis & Swietlik, S.C., of Milwaukee.

For the defendants-respondents Ringsby Truck Lines, Inc., and Home Insurance Company, the cause was submitted on the brief of Michael T. Steber, and Piette, Knoll & Nelson, S.C., of Milwaukee.

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

GARTZKE, P.J.

Tab Products Company and Allianz Underwriters Insurance Company appeal from summary judgment dismissing their complaint. The general issue is whether Tab and Allianz lost their rights against alleged joint-tortfeasors because Allianz filed a claim with the liquidator of one joint tortfeasor's liability insurer. We hold that filing the claim with an Iowa liquidator did not have that effect. We therefore reverse the judgment.

Tab and Allianz brought...

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