BENEFIT TRUST v. OFFICE OF COMR

No. 86-0323.

142 Wis.2d 582 (1987)

419 N. W. 2d 265

BENEFIT TRUST LIFE INSURANCE COMPANY, an Illinois mutual insurance corporation, Petitioner-Appellant, v. OFFICE OF the COMMISSIONER OF INSURANCE, Timothy J. Young, Trustee of the Bankrupt Estate of Universal Foundry Company, Respondents.

Court of Appeals of Wisconsin.

Decided December 10, 1987.


Attorney(s) appearing for the Case

For the petitioner-appellant there were briefs by Jon P. Axelrod and DeWitt, Sundby, Huggett, Schumacher & Morgan, S. C., of Madison, and oral argument by Jon P. Axelrod.

For the respondent Office of the Commissioner of Insurance there was a brief by Bronson C. La Follette, attorney general, and Edward S. Marion, assistant attorney general, and oral argument by Daniel D. Stier, assistant attorney general.

For the respondent Trustee there was a brief by Gilbert W. Church and Foley & Lardner, of Milwaukee, and oral argument by Gilbert W. Church.

Before Gartzke, P.J., Dykman and Eich, JJ.


EICH, J.

Benefit Trust Life Insurance Company appeals from an order affirming a decision of the Wisconsin Commissioner of Insurance. The commissioner ordered Benefit Trust to reinstate a "stop-loss" or "excess risk" policy issued to the Universal Foundry Company which Benefit Trust had sought to terminate. The issues are: (1) whether Benefit Trust's policy is a group policy within the meaning of sec. 632.79(2)(a), Stats., which requires an insurer to provide notices...

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