Michael IVES and Tammy Ives, Plaintiffs-Respondents,
RHINELANDER PAPER CO. GROUP HEALTH PLAN for Hourly Employees Sponsored by Rhinelander Paper Company, Inc., Plaintiff-Appellant-Petitioner,
v.
COOPERTOOLS, a Division of Cooper Industries, Inc.; Alias Insurance Company No. 1; Cooper Industries, Inc.; Alias Insurance Company No. 2; Berns Enterprises, Inc. d/b/a Rhinelander Hardware; The Aetna Casualty & Surety Company; McGraw-Edison Company; and Alias Insurance Company No. 4, Defendants.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument September 5, 1996.
Decided February 28, 1997.
Attorney(s) appearing for the Case
For the plaintiff-appellant-petitioner there were briefs by Matthew E. Yde and Ruder, Ware & Michler, S.C., Wausau and oral argument by Matthew E. Yde.
For the plaintiffs-respondents there was a brief by D.J. Weis and Habush, Habush, Davis & Rottier, S.C., Rhinelander and oral argument by D.J. Weis.
Amicus curiae brief was filed by Mark L. Thomsen and Cannon & Dunphy, S.C., Brookfield for the Wisconsin Academy of Trial Lawyers.
Amicus curiae brief was filed by Terry J. Booth and Fellows, Piper & Schmidt, Milwaukee for the Wisconsin Health Insurers.
Supreme Court of Wisconsin.
¶ 1. PER CURIAM.
This is a review of a published decision of the court of appeals,1 vacating the order of the Circuit Court for Oneida County, Robert E. Kinney, Judge. The question in this case is whether a subrogated insurer is entitled to reimbursement on its lien when the injured plaintiffs settle with the alleged tortfeasors before trial for an amount less than their total damages. We unanimously conclude that the court of appeals...
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