HEINECKE v. AURORA HEALTHCARE, INC.

No. 2012AP2469.

841 N.W.2d 52 (2013)

351 Wis.2d 463

2013 WI App 133

Donna HEINECKE and Estate of Charlene J. Berry, by its Special Administrator Ryan A. Berry, Plaintiffs, Aetna Health Insurance Company and Department of Health and Human Services, Involuntary-Plaintiffs, v. AURORA HEALTHCARE, INC., Aurora Health Care Metro, Inc., d/b/a Aurora St. Luke's South Shore Hospital and Continental Casualty Company, d/b/a CNA Insurance, Defendants-Third-Party, Plaintiffs-Co-Appellants, v. Creative Business Interiors, Inc., Third-Party Defendant-Appellant, The Midwestern Indemnity Company and Hawkeye-Security Insurance Company, Third-Party Defendants-Respondents. Garry A. Seip, Plaintiff, Travelers Property Casualty Company of America and Smith & Nephew, Inc. Welfare Benefit Plan, Involuntary-Plaintiffs, v. AURORA HEALTHCARE, INC., Aurora Health Care Metro, Inc., d/b/a Aurora St. Luke's South Shore Hospital and Continental Casualty Company, Defendants-Third-Party, Plaintiffs-Co-Appellants, v. Creative Business Interiors, Inc., Third-Party Defendant-Appellant. The Midwestern Indemnity Company and Hawkeye-Security Insurance Company, Third-Party Defendants-Respondents. Joseph G. Romanak and Margaret Romanak, Plaintiffs, Kathleen Sebelius, Secretary of Department of Health and Human Services, Involuntary-Plaintiff, v. Aurora Healthcare, Inc., Aurora Health Care Metro, Inc., d/b/a Aurora St. Luke's South Shore Hospital and Continental Casualty Company, Defendants-Third-Party, Plaintiffs-Co-Appellants, v. Creative Business Interiors, Inc., Third-Party Defendant-Appellant. The Midwestern Indemnity Company and Hawkeye-Security Insurance Company, Third-Party Defendants-Respondents. Carrie C. Rosa, Special Administrator of the Estate of Margaret E. Wescott, Plaintiff, v. State of Wisconsin Department of Health Services, Defendant, Aurora Healthcare, Inc., Aurora Health Care Metro, Inc., d/b/a Aurora St. Luke's South Shore Hospital and Continental Casualty Company, Defendants-Third-Party, Plaintiffs-Co-Appellants, v. Creative Business Interiors, Inc., Third-Party Defendant-Appellant. The Midwestern Indemnity Company and Hawkeye-Security Insurance Company, Third-Party Defendants-Respondents. Rosemary Albrecht, individually and as Special Administrator of the Estate of Robert L. Albrecht and Scott Albrecht, Plaintiffs, Medicare Parts A, B & D c/o Centers for Medicare Services Insurance Company and Pacificare Life and Health Insurance Co., Involuntary-Plaintiffs, v. Aurora Healthcare, Inc., Aurora Health Care Metro, Inc., d/b/a Aurora St. Luke's South Shore Hospital and Continental Casualty Company, d/b/a CNA Insurance, Defendants-Third-Party, Plaintiffs-Co-Appellants, v. Creative Business Interiors, Inc., Third-Party Defendant-Appellant. The Midwestern Indemnity Company and Hawkeye-Security Insurance Company, Third-Party Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed October 8, 2013.


Attorney(s) appearing for the Case

On behalf on the third-party defendant-appellant, Creative Business Interiors, Inc. and joined by the defendants-third-party plaintiffs-co-appellants, Aurora Healthcare, Inc.; Aurora Health Care Metro, Inc. and Continental Casualty Company by the cause was submitted on the briefs of Ross A. Anderson and Benjamin W. Dyer of Whyte Hirschboeck Dudek S.C., Milwaukee.

On behalf of the third-party defendants-respondents, Midwestern indemnity Company and Hawkeye-Security Insurance Company the cause was submitted on the brief of Thomas R. Schrimp of Hinshaw & Culbertson LLP, Milwaukee.

Before CURLEY, P.J., FINE and BRENNAN, JJ.


BRENNAN, J.

¶1 Creative Business Interiors, Inc. ("CBI"), Aurora Healthcare, Inc., and Aurora Health Care Metro, Inc. (collectively "Aurora"), and Continental Casualty Company ("Continental") all appeal from the circuit court's order granting summary judgment and dismissing The Midwestern Indemnity Company ("Midwestern") and Hawkeye-Security Insurance Company ("Hawkeye") from this lawsuit.1 The sole issue before this court is whether...

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