NELSON v. ROTHERING

No. 91-0875.

165 Wis.2d 601 (1991)

478 N.W.2d 44

Eleanor J. NELSON, Plaintiff-Respondent, v. Steven J. ROTHERING, General Casualty Company of Wisconsin Gail M. Noltner, and Allstate Insurance Company, Defendants, TRAVELERS INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 14, 1991.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Allan D. Krezminski of Schoone, Ware, Fortune & Leuck, S.C. of Racine.

For the plaintiff-respondent the cause was submitted on the brief of Michael R. Fitzpatrick of Brennan, Steil, Basting & MacDougall, S.C. of Janesville.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.


SUNDBY, J.

Travelers Insurance Company appeals from an order distributing the proceeds of the settlement of the employee's third-party claim under sec. 102.29(1), Stats.1 The trial court divided only part of the settlement according to the statutory formula. We reverse and direct that the trial court, on remand, distribute the entire proceeds according to sec. 102.29(1).

Section 102...

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