Leonard v. Dusek

The issues on appeal are whether Wisconsin's insurance subrogation law permitting a subrogated insurer to be reimbursed only if the insured has been made whole applies to the Wisconsin state employee health plan and, if so, whether the trial court erred by not ordering a Rimes 1 hearing. Because we conclude that the health plan is subject to Wisconsin's insurance subrogation law, and because neither party requested a Rimes hearing, the judgment is affirmed.

Scott Leonard, a state employee covered under the health plan, was injured in an automobile accident. Leonard was a passenger in a car…