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GUSTAFSON v. PHYSICIANS INS. CO.

No. 97-3832.

223 Wis.2d 164 (1998)

588 N.W.2d 363

Virgil F. GUSTAFSON and Margaret F. Gustafson, Plaintiffs-Respondents, v. PHYSICIANS INSURANCE COMPANY OF WISCONSIN, Inc., a Wisconsin corporation, Peter A. Beatty, M.D., Martin A. Rammer, M.D., and Wisconsin Patients Compensation Fund, Defendants-Respondents, MIDWESTERN NATIONAL INSURANCE CORPORATION, n/k/a Midwest Security Life Insurance Company, a Wisconsin corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 18, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Michael E. Engel and Elizabeth Kiefer of Midwest Security Insurance Company of Onalaska.

On behalf of the plaintiffs-respondents and the defendants-respondents, the cause was submitted on the briefs of Dean M. Horwitz and Hope K. Olson of Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C. of Milwaukee and Mary Lee Ratzel and Molly C. Feldbruegge of Peterson, Johnson & Murray, S.C. of Milwaukee, respectively.

Before Brown, Nettesheim and Anderson, JJ.

ANDERSON, J.

Midwestern National Insurance Corporation (MNIC), the plaintiffs'—the Gustafsons —subrogated insurer, appeals from a judgment granting the prevailing defendants, Physicians Insurance Company of Wisconsin, Inc. and others (PIC), their costs for defending the lawsuit and an order denying reconsideration of this issue. MNIC contends that this is an inequitable result. It asserts that it had a representation agreement in effect with the Gustafsons...

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