HERLACHE v. BLACKHAWK COLLISION REPAIR, INC.

No. 97-0760.

215 Wis.2d 99 (1997)

572 N.W.2d 121

Shawn HERLACHE, individually and as Special Administrator of the Estate of Dean J. Herlache, Cassandra Allard and Brittany Herlache, Plaintiffs-Respondents, v. BLACKHAWK COLLISION REPAIR, INC., f/k/a Blackhawk Automotive, Inc., Defendant-Respondent, ABC INSURANCE COMPANY, Defendant, HERITAGE MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 11, 1997.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Andrew M. Bath of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of William J. Ewald and Beth Rahmig Pless of Denissen, Kranzush, Mahoney & Ewald, S.C. of Green Bay.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of George Burnett of Liebmann, Conway, Olejniczak & Jerry, S.C. of Green Bay.

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


HOOVER, J.

Heritage Mutual Insurance Company appeals an order approving a settlement and distribution of the settlement proceeds. It also appeals an order denying its motion to vacate the distribution order and authorizing creation of a trust for the portion allocated to the minor children. We conclude that it is not entitled to challenge the settlement and the order distributing the settlement proceeds because Heritage failed to appear at the hearing upon which the...

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