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(Download) "Gwynne D. Lambert v. Sally K. Wrensch" by Second Circuit U.S. Court Of Appeals * Book PDF Kindle ePub Free

Gwynne D. Lambert v. Sally K. Wrensch

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eBook details

  • Title: Gwynne D. Lambert v. Sally K. Wrensch
  • Author : Second Circuit U.S. Court Of Appeals
  • Release Date : January 20, 1987
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 73 KB

Description

This is a review of an unpublished decision of the court of appeals dated August 27, 1985, affirming a Judgment of the Circuit Court of Milwaukee county, Honorable Clarence Parrish, Circuit Judge, awarding damages in a personal injury action arising out of an automobile accident. The issues on review are: 1) Is the insurance policy under which the injured Plaintiff received medical expense payments as a dependent beneficiary an "indemnity" contract such that subrogation exists by operation of law? 2) Is the Plaintiff wife precluded from recovering from the defendant tortfeasor medical expenses paid on her behalf by her husbands insurer when subrogation exists under such policy but such insurer was barred from recovery for failure to pursue its subrogated claim within the period of the statute of limitations? 3) Does a jury award to the husband of the injured Plaintiff wife for loss of consortium, including the element of "material services," preclude the insured Plaintiff homemaker from independently recovering "the reasonable value of her own loss of earning capacity in the form of domestic services donated by her to her family unit"?


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