CONTINENTAL CAS. v. PATIENTS COMP. FUND

No. 90-2315.

164 Wis.2d 110 (1991)

473 N.W.2d 584

CONTINENTAL CASUALTY COMPANY, Plaintiff-Respondent, v. WISCONSIN PATIENTS COMPENSATION FUND, Defendant-Appellant.

Court of Appeals of Wisconsin

Decided July 24, 1991.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Paul H. Grimstad and Lee J. Fehr of Nash, Spindler, Dean & Grimstad of Manitowoc.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Thomas A. Lorenson of Colwin & English, S.C. of Fond du Lac.

Before Brown, Scott and Anderson, JJ.


SCOTT, J.

The Wisconsin Patients Compensation Fund (the fund) appeals from a summary judgment which ordered the fund to return to Continental Casualty Company (CNA) monies CNA had paid the fund to fully assume the responsibility and cost of defending Dr. Louis Floch in a medical malpractice action. The trial court concluded that the fund had been unjustly enriched as a result of mutual mistake and so must return to CNA any funds not expended on Dr. Floch's behalf...

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