AETNA LIFE INSURANCE COMPANY, Allstate Life Insurance Company, Business Men's Assurance Company of America, Connecticut General Life Insurance Company, Hartford Life Insurance Company, IDA Life Insurance Company, Montgomery Ward Life Insurance Company, Occidental Life Insurance Company of California, Philadelphia Life Insurance Company, Provident Life and Accident Insurance Company, Rockford Life Insurance Company, The Paul Revere Life Insurance Company, The Travelers Insurance Company, Washington National Insurance Company, John U. Andersen, Stuart B. Crawford, William R. Lund, Joseph Mannix, Patrick J. O'Donahue, James J. Rath, Keith Tripp, The National Association of Life Underwriters and Wisconsin Association of Life Underwriters, Plaintiffs-Respondents,
v.
Susan M. MITCHELL, Commissioner of Insurance and Office of Commissioner of Insurance, Defendants-Appellants.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued January 7, 1981.
Decided March 31, 1981.
Attorney(s) appearing for the Case
For the appellants the cause was argued by James D. Jeffries, assistant attorney general, with whom on the briefs were Bronson C. La Follette, attorney general, Robert D. Repasky and David J. Gilles, assistant attorneys general.
For the respondents there was a brief by Jon P. Axelrod, Eric A. Farnsworth and DeWitt, Sundby, Huggett & Schumacher, S.C., of Madison, and oral argument by Jon P. Axelrod.
Amicus Curiae brief of Center for Public Representation, National Consumers League, and Wisconsin Consumers League was filed by Gerald J. Thain, Center for Public Representation, David Swankin, National Consumers League, and James L. Brown, Wisconsin Consumers League, all of Madison.
Amicus Curiae brief of American Council of Life Insurance was filed by Daniel W. Hildebrand and Ross & Stevens, S.C., of Madison.
Amicus Curiae brief of The National Association of Insurance Commissioners was filed by Jon S. Hanson, executive secretary of Brookfield.
Supreme Court of Wisconsin.
COFFEY, J.
This is an appeal from a judgment of the circuit court for Dane county, the Hon. W. J. Jackman, Reserve Judge, presiding. The circuit court declared Wis. Adm. Code § Ins. 2.14(3)(a) and (3)(f)1 when joined with Wis. Adm. Code § Ins. 2.14(4)(a) (effective February 1, 1980) invalid insofar as applicable to whole life policies and enjoined Susan M. Mitchell, Commissioner of Insurance, appellant, from enforcing any penalty...
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