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JINDRA v. DIEDERICH FLOORING

Nos. 92-0640, 92-1529.

181 Wis.2d 579 (1994)

511 N.W.2d 855

Roger JINDRA, Rebecca Jindra, Barry Jindra and Scott Heinritz, a minor, by his Guardian ad Litem, John D. Murray, Plaintiffs-Respondents, v. DIEDERICH FLOORING, Defendant-Respondent, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, ABC Insurance Company, Dairyland Insurance Company and John Mande, Defendants, AMERICAN & FOREIGN INSURANCE COMPANY, Defendant-Appellant, Joseph DIEDERICH and Midwestern National Insurance Corporation, Defendants-Third Party Plaintiffs, v. CONTINENTAL WESTERN INSURANCE COMPANY, Third Party Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided February 23, 1994.

Attorney(s) appearing for the Case

For the third party defendant-respondent-petitioner there were briefs by George Burnett, Donald L. Romundson and Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay and oral argument by Donald L. Romundson and George Burnett.

For the defendant-appellant there was a brief by Bruce B. Deadman, Jeffrey T. DeMeuse and Everson, Whitney, Everson & Brehm, S.C., Green Bay and oral argument by Bruce B. Deadman.

DAY, J.

This is a review of a decision of the court of appeals reversing a judgment of the circuit court for Brown County, Honorable N. Patrick Crooks, Judge, which had granted third-party defendant insurer's motion to reduce judgment for the plaintiffs (the Jindras) by the amount paid contingently to the Jindras by their underinsured motorist (UIM) insurer. The court of appeals reversed and remanded with instructions to award to the Jindras the full amount of damages...

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