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BRUZAS v. QUEZADA-GARCIA

No. 00-0043.

248 Wis.2d 659 (2001)

2001 WI 127

637 N.W.2d 34

Michael W. BRUZAS, Constance K. Bruzas and Christopher A. Bruzas, Plaintiffs, v. Cipriano QUEZADA-GARCIA and Elida Torres, Defendants, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellant, EMPLOYERS INSURANCE OF WAUSAU, Subrogated Party, UNDERWRITERS LABORATORIES, INC., Subrogated Party-Respondent.

Supreme Court of Wisconsin.

Decided December 4, 2001.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs by Thomas M. Devine, JoAnne M. Breese-Jaeck and Hostak, Henzl & Bichler; S.C., Racine, and oral argument by JoAnne M. Breese-Jaeck.

For the subrogated party-respondent there was a brief by Thomas H. Koch and Law Offices of Thomas H. Koch, Milwaukee, and oral argument by Thomas H. Koch.

An amicus curiae brief was filed by John H. Bowers, Aaron N. Halstead and Shneidman, Hawks & Ehlke, S.C., Madison, on behalf of the Wisconsin Masons' Health Care Fund and Local #383 Ironworkers Health Care Plan.

¶ 1. PER CURIAM.

This case is before the court on certification from the court of appeals pursuant to Wis. Stat. § (Rule) 809.61 on the question of "whether an ERISA health benefit plan must expressly confer discretion to the plan administrator before a reviewing court owes deference to the administrator's interpretations of the plan and actions taken under the plan."

¶ 2. The underlying issue is...

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