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PETTA v. ABC INS. CO.

No. 03-0610.

278 Wis.2d 251 (2005)

2005 WI 18

692 N.W.2d 639

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

Supreme Court of Wisconsin.

Decided February 24, 2005.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners there was a brief by D. James Weis and Habush Habush & Rottier, S.C., Rhinelander, and oral argument by Dana J. Weis.

For the defendant-appellant there were briefs (in the court of appeals) by Steven L. Theesfeld and Yost & Baill, Minneapolis, Minnesota, and oral argument by Gary L. Wickert and Matthiesen, Wickert & Lehrer, S.C., Hartford.

An amicus curiae brief was filed by William C. Gleisner, III, and Law Offices of William C. Gleisner, III, on behalf of the Wisconsin Academy of Trial Lawyers.

¶ 1. LOUIS B. BUTLER, JR., J.

Wrongful death plaintiffs John J. Petta and Rachelle DeValk ("John and Rachelle") seek review of a court of appeals decision1 that concluded (1) they were not entitled to retain damages for medical, funeral, and property damage expenses because they did not pay for these expenses; and (2) the "made-whole" doctrine recognized in Rimes v. State Farm Mutual...

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