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ROGERS EX REL. ROGERS v. SAUNDERS

No. 2007AP306.

750 N.W.2d 477 (2008)

2008 WI App 53

Alex ROGERS, a minor by his parents, Julie ROGERS and Dennis Rogers, Julie Rogers, Dennis Rogers, Compcare and First Health Milwaukee County Department of Health and Human Services, Plaintiffs, v. Evan K. SAUNDERS, M.D., Sacha Ramirez, M.D., S.C., Physicians Insurance Company of Wisconsin, St. Luke's Medical Center, Aurora Medical Group, Inc. and Wisconsin Patients Compensation Fund, Defendants, The Medical Protective Company, Defendant-Third-Party Plaintiff-Appellant, v. American Casualty Company of Reading, Pennsylvania, Third-Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed March 5, 2008.

Attorney(s) appearing for the Case

On behalf of the defendant-third-party plaintiff-appellant, the cause was submitted on the briefs of Emile H. Banks, Jr., and Vicki L. Arrowood of Emile Banks & Associates, LLC of Milwaukee.

On behalf of the third-party defendant-respondent, the cause was submitted on the brief of Michael J. Cohen and Pamela J. Tillman of Meissner Tierney Fisher & Nichols, S.C. of Milwaukee.

Before BROWN, C.J., ANDERSON, P.J., and SNYDER, J.

¶ 1 BROWN, C.J.

The Medical Protective Company ("MedPro") appeals a summary judgment dismissing its claim against American Casualty Company of Reading, Pennsylvania. This litigation began as a medical malpractice claim that settled, with MedPro paying the plaintiffs on behalf of its insured, Aurora Health Care Metro, Inc. MedPro now seeks payment from American Casualty, the liability insurer of Cross-Country Staffing...

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