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MULLER v. SOCIETY INS.

No. 2006AP976.

750 N.W.2d 1 (2008)

2008 WI 50

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

Supreme Court of Wisconsin.

Decided May 30, 2008.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-cross appellants-petitioners there were briefs by William L. Norine and Norine Law Firm, Grantsburg, and oral argument by William L. Norine.

For the defendant-appellant-cross-respondent there was a brief by Joe Thrasher and Thrasher, Doyle, Pelish & Franti, Ltd., Rice Lake, and oral argument by Joe Thrasher.

An amicus curiae brief was filed on behalf of the Wisconsin Insurance Alliance, Property Casualty Insurers Association of America, Civil Trial Council of Wisconsin and National Association of Subrogation Professionals by James A. Friedman and Godfrey & Kahn, S.C., Madison.

An amicus curiae brief was filed on behalf of The Wisconsin Academy of Trial Lawyers by Mark L. Thomsen, Edward E. Robinson, Brett A. Eckstein, and Cannon & Dunphy, S.C., Brookfield.

¶ 1 DAVID T. PROSSER, J.

This is a review of a published decision of the court of appeals, Muller v. Society Ins., 2007 WI App 44, 300 Wis.2d 463, 730 N.W.2d 668, reversing a judgment of the circuit court for Polk County, Robert H. Rasmussen, Judge.

¶ 2 The question presented is whether an insurer may retain in full a subrogation settlement with a tortfeasor and a tortfeasor's insurer after its insureds...

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