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Whiting v. Hartford Casualty Ins. Co.

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eBook details

  • Title: Whiting v. Hartford Casualty Ins. Co.
  • Author : Supreme Court of Wyoming
  • Release Date : January 29, 1998
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 61 KB

Description

Christine Whiting appeals from an order declaring that a settlement of $80,000.00 she accepted as a complete resolution of her personal injury claim against her employer, Executive Club Limited and Otis Elevator, was subject to distribution under § 102.29(1), Stats., to satisfy a claim from the employers workers compensation carrier, Continental Casualty Company, for its payment to her of $10,272.32 for medical expenses caused by her accident at work. Whiting contends that the circuit court erred by denying her motion to restrict Continentals claim against her settlement under § 102.29(1) to that part of the settlement attributable to the underlying jury award of $10,000.00 allocated for past medical and hospital expenses. Statutory interpretation and case law compel the Conclusion that the whole of Whitings settlement is subject to distribution. Accordingly, we affirm the circuit courts order.


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