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HOME INS. CO. v. TOOKE

No. 92-0950.

174 Wis.2d 47 (1993)

496 N.W.2d 749

HOME INSURANCE COMPANY, Plaintiff-Respondent, v. Vicki TOOKE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 26, 1993.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Hausmann-McNally, S.C. by Deborah S. Herro, of Milwaukee.

For the plaintiff-respondent the cause was submitted on the briefs of Allan D. Krezminski, of Waukesha.

Before Wedemeyer, P.J., Sullivan and Schudson, JJ.

WEDEMEYER, P.J.

Vicki Tooke appeals from a declaratory judgment granted to Home Insurance Company. Tooke had been involved in a motor vehicle accident with Devere Vernon, an underinsured motorist. Home Insurance was Tooke's underinsured motorist insurance carrier. Vernon and his insurance carrier, Sentry, entered an agreement with Tooke by which Sentry agreed to pay its policy limit, $25,000, to Tooke. The agreement apportioned that payment into $2,500 as

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