In Fischer the court had an opportunity to further expand upon Paulson v. Allstate Insurance Co., 665 N.W.2d 744 (2003). In Paulson the supreme court held that where plaintiff’s insurance company pays 100 percent of the repair costs, then subsequently settles its subrogation claim with the tortfeasor’s insurer for a reduced amount based on plaintiff’s alleged contributory negligence the plaintiff could not collect the difference under the collateral source rule. Fischer extended Paulson to apply in the arbitration context when the plaintiff’s insurance carrier elects arbitration and whether successful or not found the insured cannot maintain a right to its own claim for the subrogated amount.
Fischer v. Steffen, 2010 Wisc.App.LEXIS 319 (2010)
Date: April 28, 2010