OAKLEY v. WIS. FIREMAN'S FUND

No. 89-1723.

157 Wis.2d 77 (1990)

459 N.W.2d 461

Frederic R. OAKLEY, Plaintiff-Co-Appellant, v. FIREMAN'S FUND OF WISCONSIN and Affiliated Carriage Systems, Inc., Defendants-Respondents, DANE COUNTY DEPT. OF SOCIAL SERVICES, Meriter Hospital, Inc., Defendants, AMERICAN FAMILY MUTUAL INSURANCE CO., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 14, 1990.


Attorney(s) appearing for the Case

For the defendant-appellant American Family Mutual Insurance Company the cause was submitted on the briefs of American Family Mutual Insurance Company by Lawrence E. Classen, of Madison. Oral argument by Lawrence E. Classen.

For the plaintiff-co-appellant Frederic R. Oakley the cause was submitted on the briefs of Louderman, Hayes, Van Camp, Priester, Strother & Schwartz, S.C. by David J. Schwartz, of Madison. Oral argument by David J. Schwartz.

For the defendants-respondents Fireman's Fund of Wisconsin and Affiliated Carriage Systems, Inc. the cause was submitted on the briefs of Axley Brynelson by Bradley D. Armstrong and Michael S. Anderson, of Madison. Oral argument by Michael S. Anderson.

Before Eich, C.J., Gartzke, P.J., Sundby, J.


GARTZKE, P.J.

American Family Mutual Insurance Company and its insured, Frederic Oakley, appeal from an order declaring that American Family has no subrogation rights against Fireman's Fund of Wisconsin and its insured, Affiliated Carriage Systems, Inc. Oakley was hurt in a multi-vehicle accident involving two other motorists. One motorist was uninsured. The other was Affiliated's employee, and we refer to him as the insured motorist. Oakley's policy with American...

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