CASPER v. AMERICAN INTERN. SOUTH INS. CO.

Nos. 2006AP1229, 2006AP2512, 2007AP369.

779 N.W.2d 444 (2009)

2010 WI App 2

Bryan CASPER, Susan Casper, Michael Casper, Thomas Casper, Sara Janey and Sharon Janey, Plaintiffs-Respondents, Blue Cross Blue Shield United of Wisconsin, Primax Recoveries, Inc., Allstate Insurance Company, American Family Mutual Insurance Company and Milwaukee County Department of Health & Social Services, Involuntary-Plaintiffs, v. AMERICAN INTERNATIONAL SOUTH INSURANCE COMPANY, Mark Wearing, Bestway Systems, Inc., RJW, Inc., Transport Leasing/Contract, Inc., Applied Industrial Technologies, Inc., Jeffrey E. Wenham, United States Fidelity and Guaranty Company, Federal Insurance Company, Continental Casualty Company, John Doe, Defendants, Old Republic Insurance Company and Ryder Truck Rental, Inc., Defendants-Appellants. Blue Cross Blue Shield United of Wisconsin, Primax Recoveries, Inc., Allstate Insurance Company, American Family Mutual Insurance Company and Milwaukee County Department of Health & Social Services, Involuntary-Plaintiffs, Sara Janey, a minor, by her Guardian Ad Litem, Sharon Janey, Susan Casper, Thomas Casper, a minor, by his Guardian Ad Litem, Bryan Casper and Michael Casper, a minor, by his Guardian Ad Litem, Plaintiffs-Appellants, v. National Union Fire Insurance Company of Pittsburgh, P.A., Defendant-Respondent, American International South Insurance Company, Mark Wearing, Bestway Systems, Inc., RJW, Inc., Transport Leasing/Contract, Inc., Applied Industrial Technologies, Inc., Jeffrey E. Wenham, Ryder Truck Rental, Inc., Old Republic Insurance Company, United States Fidelity and Guaranty Company, Federal Insurance Company, Continental Casualty Company and John Doe, Defendants. Bryan Casper, Susan Casper, Michael Casper, a minor, by his Guardian Ad Litem, Thomas Casper, a minor, by his Guardian Ad Litem, Sara Janey, a minor, by her Guardian Ad Litem and Sharon Janey, Plaintiffs-Respondents, Blue Cross Blue Shield United of Wisconsin, Primax Recoveries, Inc., Allstate Insurance Company, American Family Mutual Insurance Company and Milwaukee County Department of Health & Social Services, Involuntary-Plaintiffs, v. National Union Fire Insurance Company Of Pittsburgh, P.A., American International South Insurance Company, Mark Wearing, Bestway Systems, Inc., RJW, Inc., Transport Leasing/Contract, Inc., Applied Industrial Technologies, Inc., Ryder Truck Rental, Inc., Old Republic Insurance Company, United States Fidelity and Guaranty Company, Federal Insurance Company, Continental Casualty Company and John Doe, Defendants, Jeffrey E. Wenham, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed December 22, 2009.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-petitioners-appellants, the cause was submitted on the briefs of Alan H. Deutch, James L. McAlister, Charles W. Kramer and Monte E. Weiss of Deutch & Weiss, LLC, Milwaukee.

On behalf of the defendants-appellants, the cause was submitted on the briefs of Larry J. Britton and Shannon M. Trevithick of Britton & Associates, S.C., Milwaukee.

On behalf of the defendant-appellant, the cause was submitted on the briefs of Robert J. Lauer and Patti J. Kurth of Kasdorf, Lewis & Swietlik, S.C., Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Ross A. Anderson and Timothy H. Posnanski of Whyte Hirschboeck Dudek S.C., Milwaukee.

Before FINE, KESSLER and BRENNAN, JJ.


¶ 1 BRENNAN, J.

This consolidated case arises out of an action commenced following a collision between the Casper family's minivan and a truck driven by Mark Wearing in the course of his employment. There are three separate appeals pending before us: (1) the Casper family's appeal of the circuit court's order denying its motion for default judgment and granting National Union Fire Insurance Company of Pittsburgh, P...

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