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BISHOP v. BLUE CROSS & BLUE SHIELD

No. 87-1399.

145 Wis.2d 315 (1988)

426 N.W.2d 114

Rosina BISHOP, Bella Press, Mary E. Bowen and Lelia R. Lynch, Plaintiffs-Respondents, v. BLUE CROSS & BLUE SHIELD UNITED OF WISCONSIN, Defendant-Third Party Plaintiff-Appellant, OFFICE OF COMMISSIONER OF INSURANCE, State of Wisconsin and Robert Hasse, Commissioner of Insurance, Third Party Defendant.

Court of Appeals of Wisconsin.

Decided May 26, 1988.

Attorney(s) appearing for the Case

For the defendant-third party plaintiff-appellant the cause was submitted on the briefs of David J. Hanson, Carol Skornicka, and Barbara J. Nichols, and Michael, Best & Friedrich, of Madison.

For the plaintiffs-respondents the cause was submitted on the brief of Kathryn M. Collins, Betsy Abramson, and Jeffrey Spitzer-Resnick and Tomlinson, Gillman & Travers, S.C., of Madison.

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

EICH, J.

Blue Cross & Blue Shield United of Wisconsin, the defendant in this action, appeals from an order denying its motion for attorney fees and costs following the plaintiffs' voluntary dismissal of the lawsuit. The issue is whether the trial court applied an erroneous legal standard in its decision to deny the fees and costs. We conclude that the court employed the wrong rule when it used the standard applicable to dismissals without prejudice in a case where...

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