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RAMSEY COUNTY MEDICAL CENTER, INC. v. BREAULT

No. 94-0530.

189 Wis.2d 269 (1994)

525 N.W.2d 321

RAMSEY COUNTY MEDICAL CENTER, INC., Plaintiff, v. Teresa A. BREAULT, Defendant-Respondent, v. HARTZELL CORPORATION EMPLOYEE TRUST FUND, Third-Party Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 8, 1994.

Attorney(s) appearing for the Case

For the third-party defendant-appellant the cause was submitted on the briefs of Robert L. Bach and Penelope J. Phillips of Felhaber, Larson, Fenlon & Vogt of Minneapolis, Minnesota.

For the defendant-respondent the cause was submitted on the brief of Timothy T. Sempf of Novitzke, Gust & Sempf of Amery.

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

MYSE, J.

Hartzell Corporation Employee Trust Fund (Hartzell Plan) appeals an order for summary judgment in which the court determined that the Hartzell Plan was not entitled to subrogation. The court concluded that ERISA did not preempt application of Wisconsin law because Hartzell Manufacturing's purchase of "stop-loss" insurance rendered the Hartzell Plan insured. The court therefore concluded that under Wisconsin subrogation law, the Hartzell Plan was not entitled...

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