Legal Opinion

Muller v. Society Insurance

Wisconsin Supreme Court

Decided May 30, 2008No. 2006AP976PublishedCited by 15 opinions

1Opinion of the CourtDavid T. Prosser, J.

¶ 1. This is a review of a published decision of the court of appeals, Muller v. Society Ins., 2007 WI App 44, 300 Wis. 2d 463, 730 N.W.2d 668, reversing a judgment of the circuit court for Polk County, Robert H. Rasmussen, Judge.

¶ 2. The question presented is whether an insurer may retain in full a subrogation settlement with a tortfeasor and a tortfeasor's insurer after its insureds have settled with the tortfeasor and the tortfeasor's insurer for an amount less than necessary to make the insureds "whole," even though the tortfeasor's insurance policy limits were sufficient to cover all…

2Cases cited19 opinions

  1. Garrity v. Rural Mutual InsuranceWisconsin Supreme Court · 1977
  2. Rimes v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1982
  3. American Surety Co. v. Westinghouse Electric Manufacturing Co.Supreme Court of the United States · 1935
  4. United States v. National Surety Co.Supreme Court of the United States · 1920
  5. Vogt v. SchroederWisconsin Supreme Court · 1986

14 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Chandler v. State Farm Mutual Automobile InsuranceCourt of Appeals for the Ninth Circuit · 2010
  2. Dennis D. Dufour v. Progressive Classic Ins. Co.Wisconsin Supreme Court · 2016
  3. Fischer v. SteffenWisconsin Supreme Court · 2011
  4. Fireman's Fund Insurance v. TD Banknorth Insurance Agency Inc.Court of Appeals for the Second Circuit · 2011
  5. Chandler v. State Farm Mutual Automobile InsuranceDistrict Court, C.D. California · 2008

10 more not listed; retrieve them via the Exa API.

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