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SAFECO LIFE INS. CO. v. MUSSER

No. 94-1657.

65 F.3d 647 (1995)

SAFECO LIFE INSURANCE COMPANY, Plaintiff-Appellant, v. Josephine W. MUSSER, in her capacity as Wisconsin Commissioner of Insurance, and the Wisconsin Health Insurance Risk Sharing Plan, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided September 12, 1995.

Attorney(s) appearing for the Case

Jonathan Aked (argued), LaFollette & Sinykin, Madison, WI, for Safeco Life Ins. Co.

Warren D. Weinstein (argued), Laura Sutherland, Asst. Attys. Gen., Office of the Attorney General, WI Dept. of Justice, Madison, WI, for Josephine W. Musser.

Laura Sutherland, Asst. Atty. Gen., Office of the Attorney General, WI Dept. of Justice, Madison, WI, for WI Health Ins. Risk Sharing Plan.

Before FERGUSON, RIPPLE, and ROVNER, Circuit Judges.

ROVNER, Circuit Judge.

Wisconsin imposes fees on health insurers who do business in the state which it uses to provide health insurance to individuals whose physical and mental conditions prevent them from obtaining coverage in the private market. Safeco Life Insurance Company sells stop-loss insurance coverage to a number of Wisconsin employers who sponsor self-funded employee welfare benefit plans, and it is assessed fees by the state based on the sales of that...

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