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PATIENTS COMPENSATION FUND v. PHYSICIANS INS.

No. 99-1322.

239 Wis.2d 360 (2000)

2000 WI App 248

620 N.W.2d 457

WISCONSIN PATIENTS COMPENSATION FUND, Plaintiff-Respondent, v. PHYSICIANS INSURANCE COMPANY OF WISCONSIN, INC., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 3, 2000.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of John S. Skilton and Michael B. Van Sciklen of Foley & Lardner, of Madison. There was oral argument by John S. Skilton.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of William H. Levit, Jr. and Michael B. Apfeld of Godfrey & Kahn, S.C., of Milwaukee. There was oral argument by William H. Levit, Jr.

Before Wedemeyer, P.J., Fine and Curley, JJ.

¶ 1. FINE, J.

The Physicians Insurance Company of Wisconsin, Inc., provides medical-malpractice insurance for approximately forty-percent of physicians practicing in Wisconsin. Under WIS. STAT. ch. 655, its coverage is primary, and the Wisconsin Patient's Compensation Fund provides excess coverage. WIS. STAT. § 655.27; Patients Compensation Fund v. Lutheran Hospital-LaCrosse, Inc., 223 Wis.2d 439, 452-453,

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