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JONES v. AETNA CASUALTY & SURETY CO.

No. 96-1183-FT.

212 Wis.2d 165 (1997)

567 N.W.2d 904

Tommie JONES, Plaintiff-Respondent, v. AETNA CASUALTY & SURETY COMPANY, Defendant-Appellant, Eric Alderson, Defendant.

Court of Appeals of Wisconsin.

Decided June 24, 1997.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Stuart F. Roitburd of Spindler, Roitburd, Schwemer & Munson, of Brookfield.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of John T. Hemminger of Eisenberg, Weigel, Carlson, Blau, Reitz & Clemens, S.C., of Milwaukee.

Before Wedemeyer, P.J., Fine and Curley, JJ.

FINE, J.

Aetna Casualty and Surety Company appeals from a judgment denying it a setoff for payments it made to Tommie Jones pursuant to the medical-pay provisions of its insurance contract with Jones. We reverse.

I.

Jones was injured in an automobile accident with Eric Alderson. Alderson was uninsured. Jones was insured by Aetna. The Aetna policy provided uninsured-motorist and medical-payments coverage...

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