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PETTA v. ABC INS. CO.

No. 03-0610.

268 Wis.2d 153 (2003)

2003 WI App 241

672 N.W.2d 146

John J. PETTA and Rachelle DeValk, Plaintiffs-Respondents, v. ABC INSURANCE CO., DEF Insurance Co., and GHI Insurance Co., Defendants, The TRAVCO INSURANCE CO., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 21, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Steven Theesfeld and Yost & Baill LLP of Minneapolis, MN.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of D. James Weis and Habush Habush & Rottier, S.C., of Rhinelander.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. HOOVER, P.J.

The Travco Insurance Company appeals an order concluding that the Rimes "made whole doctrine" prevents Travco from seeking subrogation for payments it made pursuant to an insurance policy owned by Dayle Petta. See Rimes v. State Farm Mut. Auto. Ins. Co., 106 Wis.2d 263, 316 N.W.2d 348 (1982). We conclude that the...

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