AMERICAN FAMILY MUT. INS. CO. v. GOLKE

No. 2006AP3003.

768 N.W.2d 729 (2009)

2009 WI 81

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, David Ronaldson, Involuntary-Plaintiff, v. David GOLKE, Joseph Golke, Charles Golke, Golke Brothers Roofing and Siding LLC and Indiana Insurance Company, Defendants-Respondents, Ellington Mutual Insurance Company, Intervenor-Defendant.

Supreme Court of Wisconsin.

Decided July 15, 2009.


Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs by Charles W. Kramer, Monte E. Weiss, and Deutch & Weiss, LLC, Milwaukee, and oral argument by Charles W. Kramer.

For the defendants-respondents, Joseph Golke, Charles Golke, and Golke Brothers Roofing and Siding, LLC, there was a brief filed by Michael P. Konz, Erik L. Fuehrer, and Gabert, Williams, Konz & Lawrynk, LLP, Appleton, and oral argument by Michael P. Konz.

For the defendants-respondents, David Golke and Indiana Insurance Company, there was a brief by Peter M. Farb and Law Offices of Thomas P. Stilp, Appleton, and oral argument by Peter M. Farb.

An amicus curiae brief was filed by Ryan L. Woody, Gary L. Wickert, and Matthiesen, Wickert & Lehrer, S.C., Hartford, on behalf of the National Association of Subrogation Professionals.

An amicus curiae brief was filed by Arnold P. Anderson and Mohr & Anderson, LLC, Madison, on behalf of the Wisconsin Reinsurance Corporation.


¶ 1 MICHAEL J. GABLEMAN, J.

This is an appeal pursuant to Wis. Stat. § 809.61 (2007-08)1 in which American Family Insurance Co. ("American Family") seeks review of the judgment of dismissal entered by the Circuit Court for Waupaca County, Raymond S. Huber, Judge.

¶ 2 American Family brought a cause of action against three brothers—David, Joseph, and Charles Golke, Golke Brothers Roofing and Siding LLC, and...

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