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DRINKWATER v. AMERICAN FAMILY MUT. INS. CO.

No. 2004AP1793.

714 N.W.2d 568 (2006)

2006 WI 56

Shane T. DRINKWATER, Plaintiff-Respondent, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Jason R. Honshel and Additional Fictional Party # 1 and Additional Fictional Party # 2, Defendants, Medical Associates Health Plans, Subrogated Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 1, 2006.

Attorney(s) appearing for the Case

For the subrogated defendant-appellant, there were briefs (in the court of appeals) by Stephen C. Krumpe and O'Connor & Thomas, P.C., Dubuque, IA, and oral argument by Stephen C. Krumpe.

For the plaintiff-respondent, there was a brief (in the court of appeals) by Mark H. Hoskins, Jr., and Hoskins, Kalnins, McNamara & Vogelsberg, Lancaster, and oral argument by Mark H. Hoskins, Jr.

An amicus curiae brief was filed (in the court of appeals) by William C. Gleisner, III and Law Offices of William C. Gleisner, III, Milwaukee; Rhonda L. Lanford and Habush Habush & Rottier, S.C., Madison, on behalf of the Wisconsin Academy of Trial Lawyers.

ON CERTIFICATION FROM THE COURT OF APPEALS

¶ 1 ANN WALSH BRADLEY, J.

This case is before the court on certification by the court of appeals pursuant to Wis. Stat. § 809.61 (2003-04). Medical Associates Health Plan, Inc. ("the Plan"), an Iowa corporation, appeals a circuit court judgment that applied Wisconsin law and determined that Shane Drinkwater must be made whole before the Plan was entitled to subrogation against his recovery for personal...

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