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LEONARD v. DUSEK

No. 93-2877.

184 Wis.2d 267 (1994)

516 N.W.2d 453

Scott E. LEONARD, Plaintiff-Respondent, WISCONSIN PHYSICIANS SERVICE, Plaintiff-Appellant, v. Christopher D. DUSEK, Viking Insurance Company and Rural Mutual Ins. Co., Defendants-Third Party Plaintiffs, BADGER STATE MUTUAL CASUALTY COMPANY, Third Party Defendant.

Court of Appeals of Wisconsin.

Decided April 26, 1994.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Teresa Stromen-Baier of Gherty & Gherty, S.C. of Hudson.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of B.J. Hammarback and Daniel P. Murray of Hammarback Law Offices, S.C. of River Falls.

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

CANE, P.J.

The issues on appeal are whether Wisconsin's insurance subrogation law permitting a subrogated insurer to be reimbursed only if the insured has been made whole applies to the Wisconsin state employee health plan and, if so, whether the trial court erred by not ordering a Rimes1 hearing. Because we conclude that the health plan is subject to Wisconsin's insurance subrogation law, and because neither party requested a ...

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