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SORGE v. NATIONAL CARE RENTAL SYSTEM, INC.

No. 90-2829-FT.

182 Wis.2d 52 (1994)

512 N.W.2d 505

Diane M. SORGE, Plaintiff-Appellant-Petitioner, v. NATIONAL CAR RENTAL SYSTEM, INC., the Travelers Insurance Company, Patricia Tennes and United Services Automobile Association, Defendants, UNITED SECURITY INSURANCE COMPANY and Wisconsin Physician Service Insurance Corporation, Nominal-Defendants-Respondents.

Supreme Court of Wisconsin.

February 1, 1994.

Decided March 15, 1994.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs by D.J. Weis and Johnson, Weis, Paulson & Priebe, S.C., Rhinelander and oral argument by D.J. Weis.

For the nominal-defendant-respondent, Wisconsin Physicians Service Insurance Corporation, there were briefs by Terry J. Booth and Fellows, Piper and Schmidt, Milwaukee and oral argument by Terry J. Booth.

For the nominal-defendant-respondent, United Security Insurance Company, there were briefs by Michael J. Stingl, Timothy B. Melms and Eckert & Stingl Law Office, Rhinelander and oral argument by Michael J. Stingl.

Amicus curiae briefs were filed by Mark L. Thomsen and Cannon & Dunphy, S.C., Milwaukee for the Wisconsin Academy of Trial Lawyers.

Amicus curiae brief was filed by Laurel Barnes, Assistant General Counsel, Milwaukee, for Blue Cross & Blue Shield United of Wisconsin.

STEINMETZ, J.

This case presents the following issue for review: Is an injured party "made whole" such that her subrogated insurers may seek reimbursement from her when the injured party receives compensation in a settlement agreement covering all of her losses, less the amount corresponding to her contributory negligence? We hold that such a settlement agreement does make an injured party whole and thus allows her subrogated...

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