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Civil Procedure Keyed to Cross
Drinkwater v. American Family Mutual Ins. Co.
Citation:
290 Wis.2d 642, 714 N.W.2d 568 (2006)Facts
Shane Drinkwater (Plaintiff), a Wisconsin resident, sustained injures in a car accident in Wisconsin. Plaintiff sued the other driver and the driver’s insurance (Defendants) for personal injuries. He also named Medical Associates Health Plan (Third Party), an Iowa non-profit who paid Plaintiff’s healthcare expenses pursuant to Plaintiff’s employer’s group health insurance contract, as a potential subrogated party. The Third Party counterclaimed and crossclaimed alleging subrogated interest in the Plaintiff’s damages. The Third Party argued that the Plaintiff’s health insurance contract had a choice of law provision stating Iowa law governed, and under Iowa law the Plan was entitled to full reimbursement. Under Wisconsin’s made-whole doctrine, the Plan would not be entitled to full reimbursement.
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