RESERVE LIFE INS. CO. v. LA FOLLETTE

No. 81-1467.

108 Wis.2d 637 (1982)

323 N.W.2d 173

RESERVE LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. Bronson LA FOLLETTE, as Attorney General, and Harold R. Wilde, as Insurance Commissioner, State of Wisconsin, Defendants-Respondents, WISCONSIN CHIROPRACTIC ASSOCIATION, a Wisconsin non-profit, non-stock corporation, and Sigurd C. Syverud, Intervenors-Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 27, 1982.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Conrad H. Johnson and Schlotthauer & Johnson, of Madison.

For the defendants-respondent the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Robert D. Repasky, assistant attorney general.

For the intervenor-defendant-respondent Wisconsin Chiropractic Association the cause was submitted on the brief of Robert Horowitz and Gary M. Young and Stafford, Rosenbaum, Rieser & Hansen of Madison.

For the intervenor-defendant-respondent Sigurd C. Syverud the cause was submitted on the brief of Eugene O. Gehl and Barbara J. Swan and Brynelson, Herrick, Gehl & Bucaida of Madison.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.


GARTZKE, P.J.

The ultimate issue before us is whether sec. 207.04 (1) (m), Stats. 1973, unconstitutionally impairs health insurance policies issued by appellant Reserve Life Insurance Company. Our analysis of the secondary issues differs from the trial court's. We nevertheless agree that an unconstitutional impairment has not occurred. We therefore affirm the judgment dismissing the complaint.

Section 207.04(1) (m), Stats. 1973, provides that the following...

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