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FAKLER v. NATHAN

No. 96-2377.

214 Wis.2d 458 (1997)

571 N.W.2d 465

Arlene L. FAKLER and Gary A. Fakler, Plaintiffs, WEA INSURANCE CORPORATION, Plaintiff-Respondent, v. Denis C. NATHAN, M.D., David L. Heber, M.D., Assa Mayersdorf, M.D., Physicians Insurance Company of Wisconsin, Inc., and Patients Compensation Fund, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided October 28, 1997.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Stephen O. Murray, of Otjen, Van Ert, Stangle, Lieb & Weir, S.C., of Milwaukee, with oral argument by Stephen O. Murray.

On behalf of the plaintiff-respondent, WEA Insurance Corporation, the cause was submitted on the brief of Michael E. Banks of Kelly & Haus, of Madison, with oral argument by Michael E. Banks.

Before Fine, Schudson and Curley, JJ.

CURLEY, J.

Denis C. Nathan, M.D., David L. Heber, M.D., Assa Mayersdorf, M.D., Physicians Insurance Company of Wisconsin, Inc., and Patients Compensation Fund (the Defendants) appeal from a trial court order denying their motion for full costs from WEA Insurance Corporation. The trial court held that the Defendants could only recover costs from WEA that were incurred because of WEA's participation as a subrogated insurer in Arlene A. and David L. Fakler's lawsuit...

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