Blue Cross & Blue Shield United of Wisconsin v. Fireman's Fund Insurance Co. of Wisconsin

This is a review of a published decision of the court of appeals, Blue Cross v. Fireman’s Fund, 132 Wis. 2d 62, 390 N.W.2d 79 (Ct. App. 1986), reversing a judgment of the circuit court for Waukesha county, Judge Robert T. McGraw, which dismissed, for failure to state a claim upon which relief may be granted, the subrogation complaint filed by Blue Cross & Blue Shied United of Wisconsin.

The question presented in this case is whether a subrogated insurer, to state a claim for relief, must allege that an insured who has settled with the tortfeasor has been made whole. Because we conclude that an…