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HOLMAN v. FAMILY HEALTH PLAN

No. 97-1490-FT.

216 Wis.2d 100 (1997)

573 N.W.2d 577

Christina HOLMAN and Qtroy Holman, Plaintiffs-Respondents, v. FAMILY HEALTH PLAN, Defendant-Appellant, Sharon KADAMIAN, and Continental Casualty Company, Defendants.

Court of Appeals of Wisconsin.

Decided December 30, 1997.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Ryan J. Hetzel of Daryl W. Laatshc, S.C. of West Bend.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Charles M. Soule of Schoone, Fortune, Leuck, Kelley & Pitts, S.C. of Racine.

Before Snyder, P.J., Brown and Nettesheim, JJ.

NETTESHEIM, J.

Christina and Qtroy Holman named their subrogated health insurer, Family Health Plan (FHP), as an additional defendant in this tort action against the driver of an automobile who had injured Christina. The Holmans' complaint sought, in part, to foreclose any claim by FHP against any recovery the Holmans might obtain from the tortfeasor. FHP did not answer or otherwise respond to the Holmans' summons and complaint or their later amended complaint. The...

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