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SPITZ v. CONTINENTAL CASUALTY CO.

No. 11.

40 Wis.2d 439 (1968)

162 N.W.2d 1

SPITZ, Appellant, v. CONTINENTAL CASUALTY COMPANY, Respondent.

Supreme Court of Wisconsin.

Decided October 29, 1968.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Aaron L. Tilton, attorney, and Theodore S. Fins of counsel, both of Milwaukee.

For the respondent there was a brief by Frisch, Dudek, Banholzer & Slattery, attorneys, and Edward A. Dudek and C. Michael Hausman of counsel, all of Milwaukee, and oral argument by Edward A. Dudek.

ROBERT W. HANSEN, J.

While a number of questions are raised and issues argued on this appeal, we see only two questions: (1) Was the doctor eligible to coverage under the group disability policy offered members of the American Medical Association? (2) Was this question determinable by the trial court on a motion for summary judgment?

The plaintiff is a medical doctor and member of the American Medical Association. On August 8, 1962, he made written application...

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