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PUM v. WISCONSIN PHYSICIANS

No. 2005AP3049.

727 N.W.2d 346 (2006)

Nancy E. PUM and Frank W. Pum, Plaintiffs-Appellants, v. WISCONSIN PHYSICIANS SERVICE INSURANCE CORPORATION, Starr Insurance Group, Ltd. and Mark E. Edwards, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed December 27, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Andrew J. Schwaba and Hope K. Olson of Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the briefs of Christine M. Witherill of WI Physicians Service Insurance Corp. of Madison for Wisconsin Physicians Service Insurance Corporation and Mark S. Nelson and Heather A. Lutzke of Nelson, Connell & Conrad, S.C. of Brookfield for Starr Insurance Group, Ltd. and Mark E. Edwards.

Before WEDEMEYER, P.J., FINE and KESSLER, JJ.

¶ 1 KESSLER, J.

Plaintiffs-Appellants Nancy E. and Frank W. Pum appeal from a summary judgment dismissing their complaint against Wisconsin Physicians Service Insurance Corporation (WPS), Starr Insurance Group, Ltd. and Mark E. Edwards. After the Pums incurred approximately $317,000 in medical bills, WPS rescinded the health insurance contract with them claiming a right to do so under WIS. STAT. § 631.11(1)(b) (2003-04).1 The...

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