Duncan v. Ehrhard

Employers Insurance of Wausau and Auto-Owners Insurance Company, the only partici pants in this appeal, dispute which is thé primary and which the excess carrier, and whether the $50,000 damages cap upon government employees' and agents' liability set forth in sec. 893.80(3), Stats., has any application. The issue arises following Auto-Owners' settlement with an injured plaintiff involved in a collision with a school bus that both companies insured. Employers appeals a summary judgment declaring it the primary insurer and holding it responsible to reimburse Auto-Owners.

The circuit court ruled…