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HOULIHAN v. ABC INS. CO.

Nos. 95-0662, 95-0686.

198 Wis.2d 133 (1995)

542 N.W.2d 178

James L. HOULIHAN and Kathleen A. Houlihan, Plaintiffs-Appellants, v. ABC INSURANCE COMPANY, DEF Insurance Company and SQUARE D Company, Defendants, TRANSPORTATION INSURANCE COMPANY, Defendant-Respondent, BRILLION IRON WORKS, INC., The Home Insurance Company of Wisconsin and International Insurance Company, Defendants-Third Party Plaintiffs, SUPERIOR ELECTRIC COMPANY and Transcontinental Insurance Company, Third Party Defendants. TRANSPORTATION INSURANCE COMPANY, INC., Plaintiff, Walter GOY, Donelda Goy and James Hall, Plaintiffs-Appellants, v. SQUARE D COMPANY, a foreign corporation, and SQD Insurance Company, Defendants, BRILLION IRON WORKS, INC., The Home Insurance Company of Wisconsin and International Insurance Company, Defendants-Third Party Plaintiffs, SUPERIOR ELECTRIC COMPANY, Third Party Defendant, TRANSPORTATION INSURANCE COMPANY, INC., Third Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 14, 1995.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, Walter Goy and Donelda Goy, the cause was submitted on the brief of David M. Skoglind of Warshafsky, Rotter, Tarnoff, Reinhardt & Bloch, S.C. of Milwaukee.

On behalf of the plaintiffs-appellants, James L. Houlihan and Kathleen A. Houlihan, the cause was submitted on the brief of Patrick O. Dunphy of Cannon & Dunphy, S.C. of Brookfield.

On behalf of the plaintiffs-appellants, Walter Goy, Donelda Goy, James L. Houlihan and Kathleen A. Houlihan, the cause was submitted on the joint reply brief of David M. Skoglind of Warshafsky, Rotter, Tarnoff, Reinhardt & Bloch, S.C. and Patrick O. Dunphy of Cannon & Dunphy, S.C.

On behalf of the defendant-respondent, Transportation Insurance Company, the cause was submitted on the brief of David M. Victor of Law Offices of Mark H. Miller of Brookfield.

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

CANE, P.J.

The appellants appeal a circuit court order directing them to pay Transportation Insurance Company a distributive share of their settlement proceeds, pursuant to § 102.29(1), STATS. Because we conclude that under § 102.29(1) Transportation is entitled to reimbursement for worker's compensation payments it made to the appellants, we affirm the circuit court's order.

In July 1990, James Houlihan and Walter Goy suffered severe burn injuries...

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