Legal Opinion

Petta v. ABC Insurance

Court of Appeals of Wisconsin

Decided October 21, 2003No. 03-0610PublishedCited by 2 opinions

1Opinion of the Court

HOOVER, PJ.

¶ 1. The Travco Insurance Company appeals an order concluding that the Rimes "made whole doctrine" prevents Travco from seeking subrogation for payments it made pursuant to an insurance policy owned by Dayle Petta. See Rimes v. State Farm Mut. Auto. Ins. Co., 106 Wis. 2d 263, 316 N.W.2d 348 (1982). We conclude that the relationship between Travco and Petta's children, who are the plaintiffs, does not call for the application of the Rimes doctrine to preclude recovery on a subrogation interest. We therefore reverse the order.

Background

¶ 2. The facts are undisputed. Dayle Petta was…

2Cases cited10 opinions

  1. In RE MARRIAGE OF COOK v. CookWisconsin Supreme Court · 1997
  2. Gross v. HoffmanWisconsin Supreme Court · 1938
  3. Rimes v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1982
  4. Koffman v. LeichtfussWisconsin Supreme Court · 2001
  5. Estate of Cavanaugh v. AndradeWisconsin Supreme Court · 1996

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3Cited by2 opinions

  1. Petta v. ABC Insurance Co.Wisconsin Supreme Court · 2005
  2. Petta v. ABC Insurance Co.Wisconsin Supreme Court · 2005

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