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FANSHAW v. MEDICAL PROTECTIVE ASSO.

Nos. 134, 135.

52 Wis.2d 234 (1971)

190 N.W.2d 155

FANSHAW, Administrator of the estate of Mary Ellen Fanshaw and Baby Boy Fanshaw, Appellant, v. MEDICAL PROTECTIVE ASSOCIATION OF FORT WAYNE, INDIANA, and others, Respondents. FANSHAW, Individually and as Special Administrator of the estate of Mary Ellen Fanshaw, Appellant, v. MEDICAL PROTECTIVE ASSOCIATION OF FORT WAYNE, INDIANA, and others, Respondents.

Supreme Court of Wisconsin.

Decided October 5, 1971.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by S. A. Schapiro of Milwaukee.

For the respondents Medical Protective Association and C. L. Qualls there was a brief by Hart, Wightman & Thurow of Madison, and oral argument by Arnold J. Wightman.

For the respondents Lutheran Hospital Association and St. Paul Fire & Marine Insurance Company there were briefs by Fulton, Menn & Nehs, attorneys, and Peter S. Nelson of counsel, all of Appleton, and oral argument by Mr. Nelson.

For St. Joseph's Hospital of Beaver Dam there was a brief by Wells & Boyle and Howard H. Boyle, Jr., all of Beaver Dam, and oral argument by Howard H. Boyle, Jr.

HANLEY, J.

Three issues are presented on appeal:

(1) Whether the court erred in refusing to impose the penalties provided for in sec. 269.57 (4), Stats., for the refusal of record custodians to permit inspection of hospital records upon presentation of an authorization signed by the beneficiary of an insurance policy on the life of the deceased;

(2) Whether the court erred in denying appellant's motion to...

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