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BERNA-MORK v. JONES

No. 90-1626.

165 Wis.2d 661 (1991)

478 N.W.2d 301

Jennifer BERNA-MORK and Jay Mork, Plaintiff-Respondents, v. Jane P. JONES, Milwaukee Guardian Insurance, Inc., West Bend Mutual Insurance Company, and James Doe Insurance Company, Defendants. LUMBERMAN'S MUTUAL CASUALTY COMPANY, Plaintiff-Appellant, v. WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 27, 1991.

Attorney(s) appearing for the Case

For the plaintiff-appellant, Lumbermen's Mutual Casualty Company, the cause was submitted on the briefs of Robert J. Shannon and David G. Keefe of Anderson, Shannon, O'Brien, Rice & Bertz of Stevens Point.

For the plaintiffs-respondents, Jennifer Berna-Mork and Jay Mork, the cause was submitted on the briefs of Scott C. Woldt of Schultz and Woldt Law Office of Green Bay.

For the defendant-respondent, West Bend Mutual Insurance Company, the cause was submitted on the briefs of David A. Ray of Terwilliger, Wakeen, Piehler & Conway, S.C. of Stevens Point.

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

GARTZKE, P.J.

Lumbermen's Mutual Casualty Company appeals from a judgment dismissing its complaint against West Bend Mutual Insurance Company. The issue is whether a worker's compensation carrier has the right to reimbursement for benefits it paid to an employee when reimbursement is sought from the uninsured motorist coverage available to the employee as an additional insured. We conclude that a compensation carrier does not have that right because the employee's...

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