Home Mutual Insurance Co. v. Dean

SUMMARY OPINION

PARKER, Presiding Judge.

FACTS

In April 1982 Thomas Wilebski was injured in an automobile accident. At the time he was a passenger in a truck driven by Scott Gertjejansen. Gertjejanson’s blood alcohol level two hours after the accident was .19 percent, and he was charged with DWI.

Home Mutual insured Wilebski’s car and paid about $9,200 in medical expenses and $7,300 in income loss benefits. Wilebski has brought no civil action against Gertje-janson or against Dean’s Tavern, the bar where they drank for about two hours before the accident.

In August 1983 Home Mutual brought a dram…