BRANDNER v. ALLSTATE INS. CO.

No. 92-1272.

181 Wis.2d 1058 (1994)

512 N.W.2d 753

Jay R. BRANDNER, a minor by his Guardian ad Litem, Rock Brandner, Plaintiffs-Respondents, v. ALLSTATE INSURANCE COMPANY, Economy Fire & Casualty Company, JCPenney Casualty Insurance Company and Jeffrey R. Brandner, Defendants-Co-Appellants, Stuart A. LARSON, Kay Larson and West Bend Mutual Insurance Company, Defendants-Appellants, COMPCARE HEALTH SERVICES INSURANCE CORPORATION, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided March 9, 1994.


Attorney(s) appearing for the Case

For the defendants-appellants there were briefs (in the court of appeals) by Andrew T. Gonring and O'Meara, Eckert, Pouros & Gonring, West Bend, and oral argument by Andrew T. Gonring.

For the defendants-co-appellants there were briefs (in the court of appeals & supreme court) by Gerald J. Mayhew, Arthur J. Vlasak and Robert W. Huff and Vlasak, Rosenbaum, Weede; Ahmed J. Quereshi and Riordan, Crivello, Carlson, Mentkowski & Steeves, S.C.; Leslie A. Hayes, Jr. and Blazek, Hayes & Ray, all of Milwaukee, and oral argument by Ahmed J. Quereshi.

For the defendant-respondent there was a brief (in the court of appeals) by Robert I. Wertheimer and Compcare Health Services Insurance Corporation and oral argument by Robert I. Wertheimer.

For the plaintiffs-respondents there was a brief (in court of appeals and supreme court) by Stanley J. Lowe and Techmeier & Lowe, S.C., Milwaukee and oral argument by Stanley J. Lowe.


JON P. WILCOX, J.

This case comes before the court on certification by the court of appeals pursuant to sec. (Rule) 809.61, Stats. The issue is what effect the "Loy Releases/Covenants Not To Sue" (releases) executed by plaintiffs and the subrogated insurer in favor of one joint tortfeasor have on the rights of the nonsettling joint tortfeasors and the settling joint tortfeasor's excess insurers. The trial court determined that under the terms of these releases a)...

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