Legal Opinion

Houle v. School District of Ashland

Court of Appeals of Wisconsin

Decided September 30, 2003No. 03-0020Published

1Opinion of the Court

HOOVER, PJ.

¶ 1. The Bad River Band of Lake Superior Tribe of Chippewa Indians appeals an order determining that the Rimes made whole doctrine applies to prevent its recovery of health care costs paid on behalf of tribe member Dustin Houle. See Rimes v. State Farm Mut. Auto. Ins. Co., 106 Wis. 2d 263, 316 N.W.2d 348 (1982). Bad River contends that federal law authorizes recovery and abrogates Rimes and, in any event, the costs were not paid pursuant to an insurance contract. Because the federal law on which Bad River relies does not expressly abrogate the common law, we conclude that Rimes…

2Cases cited11 opinions

  1. Garrity v. Rural Mutual InsuranceWisconsin Supreme Court · 1977
  2. Rimes v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1982
  3. Koffman v. LeichtfussWisconsin Supreme Court · 2001
  4. Schulte v. FrazinWisconsin Supreme Court · 1993
  5. Wisconsin Patients Compensation Fund v. Wisconsin Health Care Liability Insurance PlanWisconsin Supreme Court · 1996

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