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VOGEL v. LIBERTY MUT. INS. CO.

No. 96-2145.

214 Wis.2d 443 (1997)

571 N.W.2d 704

Barbara L. VOGEL, Dennis Vogel, Plaintiffs, TANK TRANSPORT, INC., Plaintiff-Appellant, v. LIBERTY MUTUAL INSURANCE CO., Steven E. Ellifson, E&L Truck Rental Co., E&L Transport Co., Defendants-Respondents WEST BEND MUTUAL INSURANCE CO., Defendant.

Court of Appeals of Wisconsin.

Decided October 28, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of David J. Regele and Richard A. Westley of Westley Law Offices, S.C. of Madison.

On behalf of the defendants-respondents, the cause was submitted on the brief of W. Ted Tornehl and Christopher E. Rogers of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

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

WEDEMEYER, P.J.

Tank Transport, Inc. (hereinafter "Tank") appeals from a judgment dismissing its tort action against Liberty Mutual Insurance Co., Steven E. Ellifson, E & L Truck Rental Co., and E & L Transport Co. Tank claims that the trial court erred in dismissing Tank's action for tort damages, which sought to recover lost premium dividends and increased payments Tank incurred from its worker's compensation insurance carrier on the grounds that public...

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