Justin L. RUCKEL, Plaintiff-Respondent,
v.
Troy W. GASSNER, Defendant-(In T.ct.),
HUMANA, INC., Defendant-Appellant.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument November 5, 2001.
Decided June 21, 2002.
Attorney(s) appearing for the Case
For the defendant-appellant there were briefs (in the court of appeals and the supreme court) by Ward I. Richter, Johnathan T. McCaskill, Sheila M. Sullivan and Bell, Gierhart & Moore, S.C., Madison, and oral argument by Sheila M. Sullivan.
For the plaintiff-respondent there was a brief (in the court of appeals) by Robert E. Storck and Storck, Schnabl & Madden, Mayville, and oral argument by Patrick O. Dunphy.
An amicus curiae brief was filed by Edward E. Robinson and Cannon & Dunphy, S.C., Brookfield, and Brian H. Sande and Doar, Drill & Skow, S.C., Baldwin, on behalf of the Wisconsin Academy of Trial Lawyers, and there was oral argument by Patrick O. Dunphy.
Supreme Court of Wisconsin.
¶ 1. DAVID T. PROSSER, J.
This case is before the court on certification by the court of appeals pursuant to Wis. Stat. § (Rule) 809.61 (1999-2000).1 It is an appeal of a judgment of the Circuit Court for Dodge County. Circuit Judge Andrew P. Bissonnette applied the "made whole" doctrine to a self-funded group insurance benefit plan to preclude the plan from recovering money paid by a tortfeasor to the plan's insured before the...
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