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MERCYCARE INS. v. WISCONSIN COM'R OF INS.

No. 2008AP2937.

786 N.W.2d 785 (2010)

2010 WI 87

MERCYCARE INSURANCE COMPANY and MercyCare HMO, Inc., Petitioners-Respondents, v. WISCONSIN COMMISSIONER OF INSURANCE, Respondent-Appellant.

Supreme Court of Wisconsin.

July 16, 2010.

Attorney(s) appearing for the Case

For the respondent-appellant the cause was argued by Bruce A. Olsen, assistant attorney general, with whom on the brief was J.B. Van Hollen, attorney general.

For the petitioners-respondents there was a brief by Matthew J. Duchemin, William J. Toman, and Quarles & Brady LLP, Madison, and oral argument by Matthew J. Duchemin.

An amicus curiae brief was filed by Andrew C. Cook and the Wisconsin Civil Justice Council, Inc., Madison, and James A. Friedman and Godfrey & Kahn, S.C., Madison, on behalf of the Wisconsin Civil Justice Council, Inc.

ON CERTIFICATION FROM THE COURT OF APPEALS

¶ 1 ANN WALSH BRADLEY, J.

This case is before the court on certification from the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61.1 The certification states: "We certify this appeal to the Wisconsin Supreme Court to determine whether Wis. Stat. § 632.895(7) permits an insurer to exclude maternity coverage for an insured acting as a surrogate mother. The answer...

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