MUTUAL BENEFIT v. INS. COM'R

No. 88-1731.

151 Wis.2d 411 (1989)

444 N.W.2d 450

MUTUAL BENEFIT LIFE INS. CO., Petitioner-Respondent, v. OFFICE OF the COMMISSIONER OF INSURANCE, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided June 15, 1989.


Attorney(s) appearing for the Case

For the respondent-appellant the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Robert W. Larsen, assistant attorney general.

For the petitioner-respondent the cause was submitted on the brief of Jon P. Axelrod and Monica Burkert-Brist, and DeWitt, Porter, Huggett, Schumacher & Morgan, S.C., of Madison.

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


GARTZKE, P.J.

The office of the commissioner of insurance (OCI) appeals from an order setting aside the commissioner's order disapproving a disability policy form with respect to a proposed rate submitted by Mutual Benefit Life Insurance Company. The issue pertains to sec. 632.895(3), Stats., which provides for mandatory disability coverage for skilled nursing care for certain patients. The issue is whether the statute...

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