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DEMMER v. AMERICAN FAMILY MUT. INS. CO.

No. 95-0415.

200 Wis.2d 94 (1996)

546 N.W.2d 169

Donald L. DEMMER and Kathryn A. Demmer, Plaintiffs, v. AMERICAN FAMILY MUTUAL INSURANCE CO., Defendant-Respondent, WISCONSIN PHYSICIANS SERVICE INSURANCE CORP., Defendant, WISCONSIN HEALTH ORGANIZATION INSURANCE CORP. and Primecare Health Plan, Inc., Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided January 16, 1996.

Attorney(s) appearing for the Case

For defendants-appellants Wisconsin Health Organization Insurance Corp. and Primecare Health Plan, Inc., the cause was submitted on the briefs of John K. Garofani of Mitchell, Baxter, O'Meara & Mathie, S.C., of Milwaukee.

For defendant-respondent American Family Mutual Insurance Company the cause was submitted on the briefs of Terrence R. Berres of American Family Mutual Insurance Company, of Milwaukee.

Before Wedemeyer, P.J., Sullivan and Schudson, JJ.

SULLIVAN, J.

Wisconsin Health Organization Insurance Corporation and PrimeCare Health Plan, Inc. ("WHO" and "PrimeCare"), health insurers for Donald L. Demmer, appeal from a summary judgment dismissal of their subrogation cross-claims against American Family Mutual Insurance Company, issuer of an underinsured motorist (UIM) policy. They present the following issue for review:

Where a health insurer's subscriber is an insured under an underinsured motorist...

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