Brandner v. Allstate Insurance

This case comes before the court on certification by the court of appeals pursuant to sec. (Rule) 809.61, Stats. The issue is what effect the "Loy Releases/Covenants Not To Sue" (releases) executed by plaintiffs and the subrogated insurer in favor of one joint tortfeasor have on the rights of the non-settling joint tortfeasors and the settling joint tortfeasor's excess insurers. The trial court determined that under the terms of these releases a) plaintiffs and the subrogated insurer released the excess insurers from liability below the primary insurer's policy limits, b) non-settling joint…