GRAEF v. CONTINENTAL INDEM. CO.

No. 2018AP1782.

959 N.W.2d 628 (2021)

2021 WI 45

Francis G. GRAEF, Plaintiff-Respondent-Petitioner, v. CONTINENTAL INDEMNITY COMPANY, Defendant-Appellant, ABC Insurance Company, Defendant. Francis G. Graef, Plaintiff-Respondent-Petitioner, v. Applied Underwriters, Inc., Defendant-Appellant, ABC Insurance Company, Defendant.

Supreme Court of Wisconsin.

Opinion Filed: May 20, 2021.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner, there were briefs filed by George Burnett and Conway, Olejniczak & Jerry, S.C., Green Bay. There was an oral argument by George Burnett .

For the defendant-appellant, there was a brief filed by Dustin T. Woehl and Kasdorf Lewis & Swietlik, SC, Milwaukee. There was an oral argument by Dustin T. Woehl .

KAROFSKY, J., delivered the majority opinion of the Court, in which ZIEGLER, C.J., ANN WALSH BRADLEY, ROGGENSACK, DALLET, and HAGEDORN, JJ., joined. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion.


¶1 In this case, we must determine whether the exclusive-remedy provision of the Wisconsin Worker's Compensation Act (the "Act"), Wis. Stat. § 102.03(2) (2017-18),1 bars the tort action filed by the petitioner, Francis Graef.

¶2 In 2017, Graef filed a tort action in circuit...

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