Michael W. Bruzas v. Cipriano Quezada-Garcia
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2001 WI 127 SUPREME COURT CASE NO.: OF WISCONSIN 00-0043 COMPLETE TITLE: Michael W. Bruzas, Constance K. Bruzas and Christopher A. Bruzas, Plaintiffs, v. Cipriano Quezada-Garcia and Elida Torres, Defendants, American Family Mutual Insurance Company, Defendant-Appellant, Employers Insurance of Wausau, Subrogated Party, Underwriters Laboratories, Inc., Subrogated Party-Respondent. ON CERTIFICATION FROM THE COURT OF APPEALS OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: September 12, 2001 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: Circuit Kenosha Mary Kay Wagner-Malloy December 4, 2001 JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: For the defendant-appellant there were briefs by Thomas M. Devine, JoAnne M. Breese-Jaeck and Hostak, Henzl & Bichler, S.C., Racine, and oral argument by JoAnne M. Breese-Jaeck. For the subrogated party-respondent there was a brief by Thomas H. Koch and Law Offices of Thomas H. Koch, Milwaukee, and oral argument by Thomas H. Koch. An amicus curiae brief was filed by John H. Bowers, Aaron N. Halstead and Shneidman, Hawks & Ehlke, S.C., Madison, on behalf of the Wisconsin Masons Health Care Fund and Local #383 Ironworkers Health Care Plan. 2 2001 WI 127 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 00-0043 (L.C. No. 97 CV 403) STATE OF WISCONSIN : IN SUPREME COURT Michael W. Bruzas, Constance K. Bruzas and Christopher A. Bruzas, Plaintiffs, v. Cipriano Quezada-Garcia and Elida Torres, FILED Defendants, DEC 4, 2001 American Family Mutual Insurance Company, Cornelia G. Clark Clerk of Supreme Court Defendant-Appellant, Employers Insurance of Wausau, Subrogated Party, Underwriters Laboratories, Inc., Subrogated Party-Respondent. APPEAL from an order of the Circuit County, Mary K. Wagner-Malloy, Judge. Court for Kenosha Certification dismissed as improvidently granted and cause remanded. No. ¶1 PER CURIAM. This case is before the 00-0043 court on certification from the court of appeals pursuant to Wis. Stat. § (Rule) benefit 809.61 plan on the must question expressly of confer "whether an ERISA discretion to health the plan administrator before a reviewing court owes deference to the administrator's interpretations of the plan and actions taken under the plan." ¶2 in The underlying issue is whether the subrogation clause Underwriters Laboratories' ERISA plan allows subrogation where the plan beneficiary has not been made whole. We accepted the court of appeals' certification on the standard of review question noted above. ¶3 contains At oral argument, counsel acknowledged that the record no explicit administrator, subrogation nor any language determination or subrogation explicit by the determination interpretation plan interpretation by of administrator. might be the the plan plan's While implicit a in Underwriters Laboratories' subrogation claim, counsel conceded that the plan determination clause. or administrator has interpretation of not the in fact plan's issued a subrogation As such, a decision about the applicable standard of review upon judicial review is premature. We therefore dismiss the certification as improvidently granted and remand the case to the court of appeals for proceedings consistent with this opinion. 2 No. 00-0043 By the Court. The certification from the court of appeals is dismissed as improvidently granted and the cause remanded to the court of appeals. 3 No. 1 00-0043
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