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MAGYAR v. WISCONSIN HEALTH CARE LIAB. INS. PLAN

No. 98-3289.

242 Wis.2d 491 (2001)

2001 WI 41

625 N.W.2d 291

Patricia S. MAGYAR, Individually and as Special Administrator of the Estate of Anthony F. Magyar, Deceased, Plaintiffs, CITY OF MILWAUKEE, a municipal corporation, Involuntary-Plaintiff, v. WISCONSIN HEALTH CARE LIABILITY INSURANCE PLAN, a Wisconsin insurance corporation, Lawrence J. Frazin, M.D., Neurological Surgery, S.C., a Wisconsin service corporation, f/k/a Neurological Surgery of Milwaukee, S.C. and Wisconsin Patients Compensation Fund, Defendants, NEUROLOGICAL SURGERY, S.C., Third-Party Plaintiff-Appellant-Petitioner, v. PHYSICIANS INSURANCE COMPANY OF WISCONSIN, Third-Party Defendant-Respondent, WISCONSIN PATIENTS COMPENSATION FUND, Defendant.

Supreme Court of Wisconsin.

Decided May 3, 2001.

Attorney(s) appearing for the Case

For the third-party plaintiff-appellant-petitioner there were briefs by David W. Neeb, Daniel J. Borowski and Davis & Kuelthau, S.C., Milwaukee, and oral argument by James E. Culhane.

For the third-party defendant-respondent there was a brief by Jeffrey O. Davis, Cory L. Nettles and Quarles & Brady, LLP, Milwaukee, and oral argument by Jeffrey O. Davis and Owen T. Armstrong, Jr.

¶ 1. WILLIAM A. BABLITCH, J.

Neurological Surgery, S.C. (NSM) petitions us to review a court of appeals' decision that held that Physicians Insurance Company of Wisconsin (PICW) had no duty to defend or indemnify NSM against allegations of negligence because NSM's policy was not in effect at the time of the negligence claim against NSM due to PICW's nonrenewal of the policy. NSM argues that PICW's failure to give notice...

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