ABC FOR HEALTH, INC. v. COMMISSIONER OF INSURANCE

No. 00-2944.

250 Wis.2d 56 (2001)

2002 WI App 2

640 N.W.2d 510

ABC FOR HEALTH, INC. and Wisconsin Coalition for Advocacy, Petitioners-Appellants-Cross-Respondents, AARP, Petitioner, v. COMMISSIONER OF INSURANCE, Respondent-Respondent, BLUE CROSS/BLUE SHIELD UNITED OF WISCONSIN, Interested Party-Respondent-Cross-Appellant.

Court of Appeals of Wisconsin.

Decided December 6, 2001.


Attorney(s) appearing for the Case

On behalf of the petitioners-appellants-cross-respondents, the cause was submitted on the briefs of Robert A. Peterson, Jr. of ABC for Health, Inc. of Madison; Jeff Spitzer-Resnick of Wisconsin Coalition for Advocacy of Madison; and Michael Schuster of AARP of Washington, D.C.

On behalf of the respondent-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Peter C. Anderson, assistant attorney general.

On behalf of the interested party-respondent-cross-appellant, the cause was submitted on the briefs of Joseph C. Branch, Michael D. Flanagan, and Thomas R. Hrdlick of Foley & Lardner of Milwaukee; Stephen P. Hurley of Hurley Burish & Milliken SC of Madison; and Stephen E. Bablitch of Bablitch Law Office of Madison.

Brief of amicus curiae was filed by William J. Toman and Valerie Bailey-Rihn of Quarles & Brady LLP of Madison on behalf of Medical College of Wisconsin, Inc.

Brief of amicus curiae was filed by Thomas M. Pyper and Cynthia L. Buchko of Whyte Hirschboeck Dudek, S.C. of Madison on behalf of the University of Wisconsin Medical School.

Before Roggensack, Deininger and Lundsten, JJ.


¶ 1. ROGGENSACK, J.

ABC for Health, Inc., Wisconsin Coalition for Advocacy and AARP1 (collectively, ABC) appealed the circuit court's decision to affirm the Commissioner of Insurance's approval of the conversion of Blue Cross/Blue Shield United of Wisconsin (BC/BSUW) from a nonprofit, non-stock insurance corporation to a for-profit, stock insurance corporation. BC/BSUW cross-appealed, challenging...

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