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ESTATE OF OTTO v. PHYSICIANS INS.

No. 2006AP1566.

738 N.W.2d 599 (2007)

2007 WI App 192

ESTATE OF Dale OTTO, by Personal Representative Shelley Otto, Shelley Otto, Ashley Otto and Amanda Otto, Plaintiffs-Respondents, v. PHYSICIANS INSURANCE COMPANY OF WISCONSIN, INC., Defendant-Appellant, Charles L. Folkestad, M.D., Terrance J. Witt, M.D., Red Cedar Clinic — Mayo Health System and Wisconsin Patients Compensation Fund, Defendants, Valley Health Plan, Inc. and Blue Cross & Blue Shield of Nebraska, Subrogated Defendants.

Court of Appeals of Wisconsin.

Opinion Filed July 24, 2007.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Michael B. Van Sicklen and Theresa A. Andre of Foley & Lardner LLP, Madison.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of John L. Cates, Michael J. Luebke and Heath P. Straka of Gingras, Cates & Luebke, S.C., Madison.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 HOOVER, P.J.

Physicians Insurance Company of Wisconsin, Inc. (PIC), appeals a default judgment against it totaling $972,469.81. PIC asserts that: (1) the interests of justice prohibit entry of the default because the plaintiffs suffered no prejudice; (2) if the default was appropriate, the court should have held that PIC was only precluded from challenging coverage, not the amount of damages; (3) the court failed to give PIC appropriate notice the other defendants...

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