Brewer v. Auto-Owners Insurance Co.

DYKMAN J.

Old Republic Insurance Company (Republic) appeals from an order, entered under sec. 102.29(1), Stats., allocating the insurance proceeds Stella Brewer received in her wrongful death action against Edward Beggs and his insurer, Auto-Owners Insurance Company. The issue is whether a trial court must distribute insufficient insurance proceeds between two sets of competing claims, one set which is subject to sec. 102.29(1) allocation 1 and one set which is not, according to the following formula: (1) assign values to all claims, (2) make a pro rata distribution of the insufficient…