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MULLER v. SOCIETY INS.

No. 2006AP976.

730 N.W.2d 668 (2007)

Bruce MULLER and Karen Muller, d/b/a B & K Sports and Liquors, Plaintiffs-Respondents-Cross-Appellants, v. SOCIETY INSURANCE, Defendant-Appellant-Cross-Respondent, George Jerrick, United Fire and Casualty and Robert Sorenson, d/b/a Community Insurance, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed February 20, 2007.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the briefs of Joe Thrasher of Thrasher, Doyle, Pelish & Franti, Ltd. of Rice Lake.

On behalf of the plaintiffs-respondents-cross-appellants, the cause was submitted on the briefs of William L. Norine of Grantsburg.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 CANE, C.J.

Society Insurance appeals a judgment in favor of Bruce and Karen Muller, awarding them $59,725.60 out of Society's subrogation settlement for payments it made to the Mullers as a result of a fire at their sporting goods store. Society argues the court erred in holding the Mullers were entitled to payments from Society to the extent they were not made whole because they settled their claims against the tortfeasors first and there were more than...

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