KULEKOWSKIS v. BANKERS LIFE & CAS. CO.

No. 96-0613.

209 Wis.2d 324 (1997)

563 N.W.2d 533

Thomas KULEKOWSKIS and Sandra Kulekowskis, Individually and as Special Administrator of the Estate of Jeffrey Kulekowskis, Deceased, Plaintiffs, v. BANKERS LIFE AND CASUALTY COMPANY, Defendant-Respondent, WPS HEALTH INSURANCE, Defendant, AMERICAN FAMILY INSURANCE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 12, 1997.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James J. Mathie of Mitchell, Baxter, O'Meara & Mathie, S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Terrance L. Kallenbach and David J. Nolden of Capwell and Berthelsen of Racine.

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


SNYDER, P.J.

American Family Insurance appeals from a judgment requiring it, inter alia, to pay Bankers Life and Casualty Company on its subrogation claim to recoup medical payments. American Family now raises the following issues for our review: (1) that the trial court failed to follow the appropriate procedure in making its determination; (2) that Bankers Life has not retained a contractual right to seek subrogation in this case; (3) that Bankers Life does not...

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