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RASMUSSEN v. BLUE CROSS/BLUE SHIELD

No. 00-1241-FT.

239 Wis.2d 120 (2000)

2000 WI App 220

619 N.W.2d 147

Lee RASMUSSEN, Plaintiff-Appellant, v. BLUE CROSS/BLUE SHIELD UNITED OF WISCONSIN, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 26, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Mitchell Hagopian, of Coalition of Wisconsin Aging Groups Elder Law Center, Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Deborah J. Powers, Milwaukee.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. PETERSON, J.

Lee Rasmussen appeals a judgment dismissing his breach of contract action against Blue Cross & Blue Shield United of Wisconsin. We hold that the date proof of loss is required to be furnished pursuant to WIS. STAT. § 631.83(1)(b)1 is determined by whether the time extension provision of the insurance policy applies. Because Rasmussen failed to file his claim within...

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