METROPOLITAN LIFE INS. CO. v. BOARD OF DIRECTORS OF WISCONSIN INS. SEC. FUND

No. 83-C-604-C.

572 F.Supp. 460 (1983)

METROPOLITAN LIFE INSURANCE COMPANY; the Equitable Life Assurance Society of the United States; the Mutual Benefit Life Insurance Company; Provident Life and Accident Insurance Company; Pacific Mutual Life Insurance Company; and Colonial Penn Franklin Insurance Company, Plaintiffs, v. BOARD OF DIRECTORS OF WISCONSIN INSURANCE SECURITY FUND; John Cleary, James Altman, Donald C. Ames, David Diercks, Thomas P. Fox, George A. Hardy, Stanley Hoffert, Charles P. Smith, James Stout, James Thomas, and Michael J. Tufts, individually and as members of the Board of Directors of Wisconsin Insurance Security Fund; and Thomas P. Fox, as Commissioner of Insurance of the State of Wisconsin, Defendants.

United States District Court, W.D. Wisconsin.

September 7, 1983.


Attorney(s) appearing for the Case

Robert Horowitz, Madison, Wis., for plaintiffs.

Gerald S. Wilcox, Asst. Atty. Gen., Madison, Wis., for defendant Fox.

Christopher Wilcox, Madison, Wis., for remaining defendants.


CRABB, District Judge.

This civil action for declaratory and injunctive relief is before the court on plaintiffs' motion for a preliminary injunction, and on defendants' motion to dismiss or to stay.

Plaintiff insurance companies are challenging the constitutionality of certain provisions of the Wisconsin statutes governing the operation of the insurance security fund established by the Wisconsin legislature to provide a "mechanism for protecting insureds...

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