Legal Opinion

Ruckel v. Gassner

Wisconsin Supreme Court

Decided June 21, 2002No. 00-2036PublishedCited by 29 opinions

1Opinion of the Court

¶ 1. DAVID T. PROSSER, J.

This case is before the court on certification by the court of appeals pursuant to Wis. Stat. § (Rule) 809.61 (1999-2000). It is an appeal of a judgment of the Circuit Court for Dodge County. Circuit Judge Andrew P Bissonnette applied the "made whole" doctrine to a self-funded group insurance benefit plan to preclude the plan from recovering money paid by a tortfeasor to the plan's insured before the insured was fully compensated for his damages.

¶ 2. The issue framed by the court of appeals is whether the parties to an insurance contract may override the made whole…

2Cases cited18 opinions

  1. FMC Corp. v. HollidaySupreme Court of the United States · 1990
  2. Garrity v. Rural Mutual InsuranceWisconsin Supreme Court · 1977
  3. Rimes v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1982
  4. Waukesha County v. JohnsonCourt of Appeals of Wisconsin · 1982
  5. Martinez v. Ashland Oil, Inc.Court of Appeals of Wisconsin · 1986

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

3Cited by29 opinions

  1. Drinkwater v. American Family Mutual InsuranceWisconsin Supreme Court · 2006
  2. Blue Cross & Blue Shield of Nebraska, Inc. v. DaileyNebraska Supreme Court · 2004
  3. Lagerstrom v. Myrtle Werth Hospital-Mayo Health SystemWisconsin Supreme Court · 2005
  4. Paulson v. Allstate InsuranceWisconsin Supreme Court · 2003
  5. Petta v. ABC Insurance Co.Wisconsin Supreme Court · 2005

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

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