American Family Insurance Group v. Wilcoxson

DIXON, Judge.

Plaintiff appeals from an order of the circuit court dismissing the plaintiff’s petition. The case was by de novo review from *223the magistrate court which had entered a judgment for defendant. The defendant’s motion to dismiss raised the issue of real party in interest.

Plaintiff’s petition alleged that it was the insurer for one Olson and that Olson’s automobile had been damaged through the negligence of the defendants. It was further asserted that, pursuant to the plaintiff’s insurance contract with Olson, it had paid Olson $1,709.32, and that plaintiff was the assignee of the…