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SORGE v. NAT. CAR RENTAL SYSTEM

No. 90-2829-FT.

162 Wis.2d 622 (1991)

470 N.W.2d 5

Diane M. SORGE, Plaintiff-Appellant, v. NATIONAL CAR RENTAL SYSTEM, INC., The Travelers Insurance Co., Patricia Tennes and United Services Automobile Association, Defendants.

Court of Appeals of Wisconsin.

Decided April 30, 1991.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of D.J. Weis of Johnson, Weis, Paulson & Priebe, S.C., of Rhinelander.

On behalf of the nominal-defendant-respondent United Security Insurance Company, the cause was submitted on the brief of Michael J. Stingl of Eckert Law Office of Rhinelander.

On behalf of the nominal-defendant-respondent Wisconsin Physicians Service Insurance Corp., the cause was submitted on the brief of Terry J. Booth by co-counsel Theodore I. Smolker of Fellows, Piper & Schmidt of Milwaukee.

On behalf of the Wisconsin Academy of Trial Lawyers, the cause was submitted on the amicus curiae brief of Mark L. Thomsen of Milwaukee.

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

LAROCQUE J.

This case presents the issue of whether the "made whole" subrogation rule of Rimes/Garrity permits insurers to seek reimbursement from an insured whose settlement with a third-party tortfeasor covered all damages less an amount subtracted for the insured's share of the causal negligence.1 We affirm the summary judgment granting the subrogation claims. Because the insurers concede on appeal that their claims must be reduced...

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