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CUE v. CARTHAGE COLLEGE

No. 93-0557.

179 Wis.2d 175 (1993)

507 N.W.2d 109

Brandon C. CUE, Plaintiff-Appellant, DREYER HMO and Guarantee Trust Life Insurance Company, Plaintiffs, v. CARTHAGE COLLEGE, Preferred Risk Mutual Insurance Company, a foreign insurance corporation, Jack Synold and Peter Baranek, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 1, 1993.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Robert I. DuMez of O'Connor & Willems, S.C. of Kenosha.

On behalf of the defendants-respondents, the cause was submitted on the brief of Ronald P. Brockman of Heft, Staaden & Heft, S.C. of Racine.

Before Anderson, P.J., Brown and Nettesheim, JJ.

BROWN, J.

This is a negligence action brought by Brandon C. Cue against Carthage College, its football coach, the assistant football coach, the team trainer and the college's insurer, Preferred Risk Mutual Insurance Company. Preferred Risk had policy limits of $1,000,000. The policy covered all of the defendants in this action.

Here, Cue simultaneously sent separate $100,000 offers to settle; one to an insurance company and one to

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