Employers Insurance of Wausau v. Sheedy

The issues are:

1. Is the subrogated insurance carrier estopped from asserting its claim against the alleged tort-feasor subcontractor Zadra because of the settlement of Zadra’s action ?

2. Is the claim of the subrogated insurance carrier against the alleged tort-feasor subcontractor Jahn defeated by waiver because of the payment of Jahn’s contract claim ?

It is agreed by all parties that when Employers Mutuals settled the claim of Concordia College for damage to the aluminum curtain wall it became subrogated to the extent of its payment to the rights and defenses of Con-cordia and Beyer as to…