TORRES v. DEAN HEALTH PLAN, INC.

No. 2003AP3274.

282 Wis.2d 725 (2005)

2005 WI App 89

698 N.W.2d 107

Gretchen G. TORRES, Plaintiff-Appellant, v. DEAN HEALTH PLAN, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 21, 2005.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Jordan M. Lewis and Wood R. Foster, Jr., of Siegel, Brill, Greupner, Duffy & Foster, P.A., Milwaukee, and Victor C. Harding of Warshafsky, Rotter, Tarnoff, Reinhardt & Bloch, S.C., Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Richard L. Schmidt and Sarah A. Zylstra of Boardman, Suhr, Curry & Field, LLP, Madison.

Before Deininger, P.J., Dykman and Lundsten, JJ.


¶ 1. LUNDSTEN, J.

This is a subrogation dispute involving a health maintenance organization (HMO) and one of its enrollees. Dean Health Plan, Inc., is an HMO (Dean HMO). Gretchen Torres is a Dean HMO enrollee.

¶ 2. Torres was injured in an accident caused by a third-party tortfeasor. Dean HMO provided medical services to Torres that were covered by Torres's HMO contract with Dean. Torres negotiated a settlement...

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