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DAILEY v. SECURA INS. CO.

No. 90-2077.

164 Wis.2d 624 (1991)

476 N.W.2d 299

Dee W. DAILEY, Dawn A. Dailey, and Paul A. Dailey, a minor, by and through his Guardian ad Litem, Plaintiffs, v. SECURA INSURANCE COMPANY, Defendant-Respondent, WEA INSURANCE TRUST, Defendant-Appellant. Joseph R. JUDAE, and Wisconsin Physician Service Insurance Corp., Defendants

Court of Appeals of Wisconsin.

Decided September 17, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of David L. Resnick of Kelly and Haus of Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Glenn H. Hartley of Schmitt, Hartley, Arndorfer & Koppelman, S.C. of Merrill.

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

CANE, P.J.

W.E.A. Insurance Trust (WEAIT) appeals a summary judgment dismissing its claim against Secura Insurance Company to recover medical payments it made on behalf of Dee, Dawn and Paul Dailey. WEAIT, the Daileys' health insurer, alleges that it is entitled to recover amounts paid for the Daileys' medical expenses from Secura, the Daileys' automobile insurer, on the basis of subrogation.

We conclude that under the terms of WEAIT's subrogation clause and...

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