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BRUZAS v. QUEZADA-GARCIA

No. 00-0043.

251 Wis.2d 449 (2002)

2002 WI App 57

642 N.W.2d 207

Michael W. BRUZAS, Constance K. Bruzas and Christopher A. Bruzas, Plaintiffs, v. Cipriano QUEZADA-GARCIA and Elida Torres, Defendants, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellant, EMPLOYERS INSURANCE OF WAUSAU, Subrogated Party, UNDERWRITERS LABORATORIES, INC., Subrogated Party-Respondent.

Court of Appeals of Wisconsin.

Decided February 6, 2002.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Thomas M. Devine and JoAnne Breese-Jaeck of Hostak, Henzl & Bichler, S.C., of Racine.

On behalf of the subrogated party-respondent, the cause was submitted on the brief of Thomas H. Koch of Wille, Gregory & Lunden of Milwaukee.

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

¶ 1. NETTESHEIM, P.J.

Underwriters Laboratories, Inc., (Underwriters) is a self-funded insurer under the Employee Retirement Income and Security Act, 29 U.S.C. §§ 1001-53, otherwise known as ERISA. The issue in this case is whether Underwriters is entitled to subrogation from American Family Mutual Insurance Company for medical payments it made on behalf of its plan participant, Michael W. Bruzas. The trial...

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