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GURNEY v. HERITAGE MUT. INS. CO.

No. 92-3157.

183 Wis.2d 270 (1994)

515 N.W.2d 526

Evelyn J. GURNEY, and James Gurney, Plaintiffs-Respondents, v. HERITAGE MUTUAL INSURANCE COMPANY, Defendant-Respondent-Co-Appellant, WISCONSIN PHYSICIANS SERVICE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 24, 1994.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the brief of Terry J. Booth of Fellows, Piper & Schmidt of Milwaukee. Oral argument by Terry J. Booth.

For the defendant-respondent-co-appellant the cause was submitted on the brief of Mark S. Henkel and David A. Ray of Terwilliger, Wakeen, Piehler & Conway, S.C. of Stevens Point. Oral argument by Mark S. Henkel.

For the plaintiffs-respondents the cause was submitted on the brief of Daniel G. Golden and Robert J. Shannon of Anderson, Shannon, O'Brien, Rice & Bertz of Stevens Point. Oral argument by Daniel G. Golden.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

GARTZKE, P.J.

Wisconsin Physicians Service (WPS) appeals from an order dismissing its subrogation claim against Heritage Mutual Insurance Company. Heritage appeals that part of the same order requiring it to pay plaintiffs Evelyn and James Gurney $54,444.33, the cost of Evelyn's medical and hospital treatment. The issues are (1) whether WPS's policy provides a right of subrogation for its payment of Evelyn's medical expenses...

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