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SMITH v. UNITED SERVICES AUTOMOBILE ASSO.

No. 221.

52 Wis.2d 672 (1971)

190 N.W.2d 873

SMITH, Appellant, v. UNITED SERVICES AUTOMOBILE ASSOCIATION, Respondent.

Supreme Court of Wisconsin.

Decided November 2, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Charles P. Reiter of Milwaukee.

For the respondent there was a brief by Borgelt, Powell, Peterson & Frauen, attorneys, and Donald R. Peterson of counsel, all of Milwaukee, and oral argument by Donald R. Peterson.

ROBERT W. HANSEN, J.

If the plaintiff had remained at the civilian hospital, he would have been entitled to be paid under the medical care provision1 of the policy issued by defendant for the cost of such care. But he spent only one day in the civilian hospital, and the question to be answered is whether he can also collect under that policy for the months spent as a patient in the navy hospital where no charge was levied against him for...

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