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TACKES v. MILWAUKEE CARPENTERS HEALTH FUND

No. 91-0267.

164 Wis.2d 707 (1991)

476 N.W.2d 311

Christa H. TACKES and Dalvine Tackes, Plaintiffs-Appellants, v. MILWAUKEE CARPENTERS DISTRICT COUNCIL HEALTH FUND and Claim Management Services, Inc., Defendants, UTICA MUTUAL INS. CO., a foreign corporation, and Paul A. Albinger, d/b/a Paul A. Albinger Agency, Defendants-Third Party Plaintiffs-Respondents-Cross Appellants, v. Christa H. TACKES and Dalvine Tackes, Third Party Defendants, WISCONSIN FARMERS MUTUAL INSURANCE COMPANY, Third Party Defendant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided September 24, 1991.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Gary R. Kuphall and Virginia M. Antoine of Habush, Habush & Davis, S.C. of Milwaukee.

On behalf of the defendants-third party plaintiffs-respondents-cross appellants, the cause was submitted on the briefs of Burton A. Strand of Burton A. Strnad, S.C. of Milwaukee.

On behalf of the third party defendant-cross respondent, the cause was submitted on the briefs of John M. Swietlik and Vicki L. Arrowood of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

Before Moser, P.J., Sullivan and Fine, J.J.

FINE, J.

Christa H. Tackes was injured in an automobile accident. The person causing the accident was insured for $25,000. Tackes claims injuries far exceeding that amount, and sues her insurance agent, Paul A. Albinger, and his liability insurer, Utica Mutual Insurance Company.

At the time of the accident, Christa and Dalvine Tackes owned two automobiles insured by Wisconsin Farmers Mutual Insurance Company. The Tackes allege that Albinger negligently failed...

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