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McGEE v. BATES

No. 04-0824.

278 Wis.2d 588 (2004)

2005 WI App 19

691 N.W.2d 920

Paul McGEE and Barbara McGee, Plaintiffs, CINCINNATI INSURANCE COMPANY, Intervening Plaintiff, v. Carlos R. BATES, Defendant, RELIANCE IN LIQUIDATION and Wisconsin Insurance Security Fund, Subrogated Parties. PHILADELPHIA INDEMNITY INSURANCE COMPANY, Plaintiff-Appellant, v. CINCINNATI INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 28, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant Philadelphia Indemnity Insurance Company, the cause was submitted on the briefs of Todd A. Becker and David P. Renovitch of Coyne, Niess, Schultz, Becker & Bauer, S.C., of Madison.

On behalf of the defendant-respondent Cincinnati Insurance Company, the cause was submitted on the brief of Michael S. Murray of Kasdorf, Lewis & Swietlik, S.C., of Milwaukee.

Before Fine, Curley and Kessler, JJ.

¶ 1. FINE, J.

Philadelphia Indemnity Insurance Company appeals from a summary judgment dismissing its complaint against Cincinnati Insurance Company. Philadelphia Indemnity sought reimbursement of all or some of what it paid to settle claims of passengers injured when the driver of a van leased by Philadelphia Indemnity's insured, SIVA Truck Leasing, Inc., to the driver's employer ran the van into a barrier on an interstate...

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