Fischer v. Steffen

¶ 1. This case involves the interplay between the subrogation rule and the collateral source rule, a subject most extensively discussed by our supreme court in Paulson v. Allstate Insurance Co., 2003 WI 99, 263 Wis. 2d 520, 665 N.W.2d 744. There, our supreme court held that where "plaintiffs insurance company pays 100 percent of the repair costs, then subsequently settles its subrogation claim with the tortfeasor's insurer for a reduced amount based on plaintiffs alleged contributory negligence," the plaintiff could not collect the difference under the collateral source rule. Id., ¶ 3. Here,…