Radloff v. General Casualty Co.

Farmers Insurance Exchange appeals from an order declaring that it lost its subrogation rights in the settlement proceeds Darlene and Gregory Radloff received on their claims arising out of an automobile accident. The Radloffs brought an action against the adverse driver and his insurance company and joined Farmers as a party defendant, as required by sec. 803.03(2)(a), Stats., because of Farmers’ subrogation rights. The issue is whether Farmers lost its rights by failing to exercise one of the three options specified in sec. 803.03(2)(b). We hold that the trial court did not abuse its…