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KRENZ v. MEDICAL PROTECTIVE CO.

No. 1.

57 Wis.2d 387 (1973)

204 N.W.2d 663

KRENZ and husband, Respondents, v. MEDICAL PROTECTIVE COMPANY OF FORT WAYNE, INDIANA, and another, Appellants.

Supreme Court of Wisconsin.

Decided February 27, 1973.

Attorney(s) appearing for the Case

For the appellants there was a brief by Fulton, Menn & Nehs, Ltd., attorneys, and Peter S. Nelson of counsel, all of Appleton, and oral argument by Mr. Nelson.

For the respondents there was a brief by Paul & Slate, attorneys, and William R. Slate of counsel, all of Markesan, and oral argument by William R. Slate.

HALLOWS, C. J.

Two issues are raised on this appeal: (1) Whether a release for personal injuries which barred a claim for medical malpractice could be amended by the parties thereto to reserve to the releasors their claim for malpractice against Dr. Sievers; and (2) whether the amended release which did not contain a reservation-of-rights clause released Dr. Sievers.

The original release was in such a form that by operation of law it had the effect of including...

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