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JINDRA v. DIEDERICH FLOORING

Nos. 92-0640, 92-1529.

173 Wis.2d 88 (1992)

Roger JINDRA, Rebecca Jindra, Barry Jindra and Scott Heinritz, a minor by his guardian ad Litem, John D. Murray, Plaintiffs v. DIEDERICH FLOORING, Defendant-Respondent, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, ABC Insurance Company, Dairyland Insurance Company, and John Mande, Defendants, AMERICAN & FOREIGN INSURANCE COMPANY, Defendant-Appellant, Joseph DIEDERICH and Midwestern National Insurance Corporation, Defendants-Third Party Plaintiffs, v. CONTINENTAL WESTERN INSURANCE COMPANY, Third Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 1, 1992.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jeffrey T. DeMeuse and on the briefs of and orally argued by Bruce B. Deadman of Green Bay.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of and orally argued by John D. Murray and on the brief of Virginia M. Antoine of Habush, Habush & Davis, S.C. of Appleton.

On behalf of the third party defendant-respondent, Continental Western Insurance Company, the cause was submitted on the brief of and orally argued by George Burnett of Liebmann, Conway, Olejniczak & Jerry, S.C. of Green Bay.

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

MYSE, J.

American and Foreign Insurance Company appeals a judgment reducing the damages the jury awarded to the Jindras and Scott Heinritz by $50,000, the amount American and Foreign paid to them under their underinsured motorist coverage. American and Foreign claims that the trial court erred by finding that the $50,000 payment created a subrogated claim in favor of American and Foreign that must be asserted or it is lost...

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