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PETRY v. ST. PAUL FIRE & MARINE INS.

No. 88-2164.

151 Wis.2d 343 (1989)

444 N.W.2d 428

Joann F. PETRY, Plaintiff-Appellant, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 13, 1989.

Attorney(s) appearing for the Case

For plaintiff-appellant there were briefs by James A. Drill and Lisa M. Drill of Doar, Drill & Skow, S.C., New Richmond.

For defendant-respondent there was a brief by Kay Nord Hunt and Thomas R. Jacobson of Lommen, Nelson, Cole & Stageberg, P.A., Hudson.

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

MYSE, J.

Joann Petry appeals a judgment and order reducing part of her damage award1 against St. Paul Fire & Marine Insurance Company. Joann argues that the trial court erred in reducing the damage award against St. Paul's by 80% of the $22,000, where, as here, the no-fault insurance contract specified that the subrogated insurer had no subrogation right until Joann obtained a double recovery. Because Joann's no-fault insurer's subrogation...

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