GROUP HEALTH CO-OP. v. HARTLAND CICERO INS.

No. 91-0255.

164 Wis.2d 632 (1991)

476 N.W.2d 302

GROUP HEALTH COOPERATIVE OF EAU CLAIRE, Plaintiff-Respondent, v. HARTLAND CICERO MUTUAL INSURANCE COMPANY, Defendant-Appellant.

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 Michael L. Bertling of Carroll, Parroni, Postlewaite, Graham, Pack & Bertling, S.C. of Eau Claire.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of D. Charles Jordan of Jordan & Wachs of Eau Claire.

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


LaROCQUE, J.

In this subrogation lawsuit between two insurance providers, the defendant, Hartland Cicero Mutual Insurance Company, appeals a judgment holding its insured, John Spaeth, liable for 70% of the stipulated damages to Andrea Hoffman, the injured insured of Group Health Cooperative of Eau Claire. Andrea, age twelve, was struck by an all-terrain vehicle (ATV) driven by John, age thirteen. The parties stipulated to the amount of Andrea's damages, and the liability...

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