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EMPLOYERS HEALTH INS. CO. v. TESMER

No. 90-1682.

161 Wis.2d 733 (1991)

469 N.W.2d 203

EMPLOYERS HEALTH INSURANCE CO., Plaintiff-Appellant. v. James C. TESMER, and Rural Mutual Insurance Co., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 14, 1991.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Ward I. Richter of Bell, Metzner, Gierhart & Moore, S.C., of Madison.

For the defendants-respondents the cause was submitted on the briefs of Scott G. Pernitz of Winner, Wixson & Pernitz of Madison.

Brief of amicus curiae was filed by Donald J. Hanaway, attorney general, and Stephen M. Sobota, assistant attorney general, on behalf of the State of Wisconsin.

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

EICH, C.J.

Employers Health Insurance Company appeals from a judgment and an order dismissing its complaint against James Tesmer and Rural Mutual Insurance Company. Employers seeks a declaratory judgment that sec. 102.30(7) (b), Stats., which precludes nonindustrial insurers from participating in worker's compensation proceedings, is unconstitutional. The issue is whether the statute denies nonindustrial insurers a "certain remedy in the law for all injuries or wrongs...

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