Wisconsin Statutes
Wis. Stat. § 113.04 (2026)
Release of some, effect
✓ current as of July 2026
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113.04113.04 Release of some, effect. Subject to s. 113.03, the obligee’s release or discharge of one or more of several obligors, or of one or more of joint, or of joint and several obligors shall not discharge co-obligors, against whom the obligee in writing and as part of the same transaction as the release or discharge, expressly reserves the obligee’s rights; and in the absence of such reservation of such rights shall discharge co-obligors only to the extent provided in s. 113.05.
113.04 AnnotationRelease of one tort-feasor, reserving all rights against another, limits recovery against the other to the percentage of that other’s negligence. Peiffer v. Allstate Insurance Co. 51 Wis. 2d 329, 187 N.W.2d 182 (1971).
113.04 AnnotationThere is a rebuttable presumption that a general release of the original tort-feasor does not release a malpractice cause of action for damages that might be recovered against the original tort-feasor unless clearly and expressly stated in the release. Rights need not be reserved against the doctor. Krenz v. Medical Protective Co. 57 Wis. 2d 387, 204 N.W.2d 663 (1973); Westphal v. Cantwell-Peterson Clinic, 57 Wis. 2d 402, 204 N.W.2d 491 (1973).
Notes of Decisions
Cited in 6
cases, 1947–1989 · leading case: Pierringer v. Hoger, 124 N.W.2d 106 (Wis. 1963).
Pierringer v. Hoger, 124 N.W.2d 106 (Wis. 1963). “It was thought necessary in that case to state no different result was reached under sec. 113.04, Stats. 3 However, it does not follow that all releases involving tort-feasors are in legal effect covenants not to sue or are governed by ch.”
Moore v. Missouri Pac. R.R., 773 S.W.2d 78 (Ark. 1989). “1981); Wis.Stat.Ann. § 113.04 (West 1988). [3] Miss.”
State Farm Mut. Auto. Ins. v. Cont'l Cas. Co., 59 N.W.2d 425 (Wis. 1953). “” The provisions of sec. 113.04, Stats., rather than those of sec.”
Haase v. Employers Mut. Liab. Ins. Co. of Wisconsin, 27 N.W.2d 468 (Wis. 1947). “She contends that by reason of that reservation Haase was not relieved of his responsibility to her by reason of the payment to her of said $1,500; and in support of her contention she relies upon the provision-in sec. 113.04, Stats., that— “Subject to the provisions of section…”
Heimbach v. Hagen, 83 N.W.2d 710 (Wis. 1957). “497, 498), and that sec. 113.04, Stats., seems to accomplish nothing more than to put that rule into statutory form (p.”
Augustin v. Gen. Accident Fire & Life Assurance Corp., 188 F. Supp. 23 (E.D. Wis. 1959). “Wilson upon the provisions of sec. 113.04, Stats., had based the same upon sec.”
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