Donald DUNCAN, Mona J. Duncan, Trevor Duncan, Nathan Duncan, Brady Duncan, and Wisconsin Physicians Service, Plaintiffs,
v.
Wayne E. EHRHARD, Defendant-Third-Party Plaintiff,
AUTO-OWNERS INSURANCE COMPANY, Defendant-Third-Party Respondent,
CHETEK AREA SCHOOL DISTRICT, Defendant,
EMPLOYERS INSURANCE OF WAUSAU, Defendant-Appellant,
v.
CONTINENTAL WESTERN INSURANCE COMPANY, Third-Party Defendant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Oral argument July 17, 1990.
Decided September 25, 1990.
Attorney(s) appearing for the Case
On behalf of defendant-appellant, the cause was submitted on the briefs of and orally argued by Arnold P. Anderson of Capwell, Berthelsen, Nolden, Casanova, Pitts & Kallenbach, Ltd. of Racine.
On behalf of defendant third-party respondent, the cause was submitted on the brief of James E. Garvey and Carol S. Dittmar and orally argued by James E. Garvey of Garvey, Anderson, Kelly & Ryberg, S.C. of Eau Claire.
Before Cane, P.J., LaRocque and Myse, JJ.
Court of Appeals of Wisconsin.
LaROCQUE, J.
Employers Insurance of Wausau and Auto-Owners Insurance Company, the only participants in this appeal, dispute which is the primary and which the excess carrier, and whether the $50,000 damages cap upon government employees' and agents' liability set forth in sec. 893.80(3), Stats., has any application. The issue arises following Auto-Owners' settlement with an injured plaintiff involved in a collision with...
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