After a barn collapsed in rural Dane County, should a subrogation waiver in the construction contract used for the structure prevent an insurance company from recovering money it had to pay out because of the disaster?

2010AP2435 Peterson v. American Family Mutual Insurance Company, et al.

Insurance Subrogation; collateral source rule

Torts Subrogation; collateral source rule The collateral source rule does not entitle plaintiffs to recover the value of their insurer’s subrogation claim, when the insurer lost at arbitration. “In the present case, the arbitration panel found (and the insurers agreed) that the defendant was not causally negligent, and in the context of that finding the tortfeasor did not have to ...

So what about Judge Sumi's order yesterday? I am quoted as saying that I was not surprised by the ruling but was critical of it. Both are true.

Property Foreclosure; subrogation Where a mortgagee would be unjustly enriched if she were able to retain her interest in foreclosed property, her motion for reconsideration was properly denied. “World Savings Bank paid the debt for which Dallas was liable (the mortgage note she signed in connection with the Fair Finance loan) and for which she gave the mortgage to Fair ...