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STATE DEPT. OF PUB. WELFARE v. CENTRAL S. L. INS. CO.

19 Wis.2d 426 (1963)

STATE DEPARTMENT OF PUBLIC WELFARE, Respondent, v. CENTRAL STANDARD LIFE INSURANCE COMPANY and another, Appellants.

Supreme Court of Wisconsin.

April 2, 1963.

Attorney(s) appearing for the Case

For the appellants there were briefs by Johns, Pappas & Flaherty of La Crosse, and oral argument by Robert D. Johns.

For the respondent there was a brief by Charles C. Lubcke, collection and deportation counsel, and Clarence J. Simon and James R. Pleyte, assistant counsel, and oral argument by Mr. Lubcke.

BROWN, C. J.

On appeal the following issues are presented:

1. Whether the claim of the department is barred by the exclusion clause of the policy written by Central Standard.

2. Whether Central Standard and North American are jointly liable to the department by virtue of a "reinsurance agreement."

(1) Exclusion clause. Sec. 46.10 (2) and (3), Stats., provides as follows:

"(2) Any outpatient or patient in any charitable or curative...

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