The Wisconsin Supreme Court ruled that Dairyland Cycle Insurance is entitled to keep the subrogation damages it obtained after Dennis Dufour’s accident, despite Dufour’s claim that he should receive the subrogation damages. The court ruled against former circuit and appeals court decisions in a 5-2 ruling on Wednesday, July 6,
The court decided that Dufour is not eligible for the $15,589 that his insurer received from an at-fault driver’s insurer. According to Chief Justice Patience Roggensack, the court denied the claim because they say Dufour was already made whole. She noted, “We conclude that the made whole doctrine does not apply to preclude Dairyland from retaining the funds it received from its subrogation claim because the equities favor Dairyland.” Dissenting to the decision were Justices Shirley Abrahamson and Ann Walsh Bradley, who claim the made whole doctrine does apply and that Dairyland should not receive the $15,589.
The case is occurring after Dufour’s 2011 motorcycle accident. He incurred personal injuries and property damage to his motorcycle after a collision with an under-insured motorist. Dufour received $100,000 from Dairyland, his insurance company, and another $100,000 from the at-fault driver’s insurer, American Standard Insurance Co. Dairyland also gave Dufour $15,589, the value of his property damage. Dairyland subsequently sought the $15,589 from American Standard in a subrogation claim. Both Dairyland and Dufour believed the subrogation claim rightfully belonged to them.
The attorneys at Habush Habush & Rottier S.C. ® can help you if you are treated unfairly by an insurance company. Call our Milwaukee offices at (414) 271-0900 to discuss your case with a member of our legal team.