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PATIENTS FUND v. ST. PAUL INS. CO.

No. 82-1827.

116 Wis.2d 537 (1984)

342 N.W.2d 693

WISCONSIN PATIENTS COMPENSATION FUND, Plaintiff-Respondent, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, a foreign insurance corporation, Defendant-Appellant, Harry J. WATSON, M.D., Gordon L. Datka, M.D., The Medical Protective Company, a foreign insurance corporation, West Allis Memorial Hospital, a domestic corporation, The Continental Insurance Company, a foreign insurance corporation, and Kessa Albrecht, by her guardian ad litem, Robert L. Habush, Defendants.

Supreme Court of Wisconsin.

Decided January 31, 1984.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by Douglas J. Carroll and Arnold, Murray, O'Neill & Schimmel, Milwaukee, and oral argument by Mr. Carroll.

For the plaintiff-respondent there was a brief by John M. Swietlik, William J. Katt and Kasdorf, Dall, Lewis & Swietlik, S.C., Milwaukee, and oral argument by John M. Swietlik.

SHIRLEY S. ABRAHAMSON, J.

This appeal, on certification by the court of appeals, is from a judgment of the circuit court for Milwaukee county, John E. McCormick, Circuit Judge, declaring that the St. Paul Fire and Marine Insurance Company shall make available to the Wisconsin Patients Compensation Fund (the Fund), the total amount of both policies issued to Dr. Harry J. Watson, namely, a physicians malpractice policy in the amount of $100,000 per claim and an umbrella...

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