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KONKEL v. ACUITY

No. 2008AP2156.

775 N.W.2d 258 (2009)

2009 WI App 132

Lisa KONKEL and Kevin Konkel, Plaintiffs, United Healthcare of Wisconsin, Inc., Involuntary-Plaintiff, v. ACUITY, A Mutual Insurance Company and Nancy Lynch, Defendants-Third-Party Plaintiffs-Appellants, v. Midwest Neurosurgical Associates, S.C. and Dr. Arvind Ahuja, M.D., Third-Party Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed August 11, 2009.

Attorney(s) appearing for the Case

On behalf of the defendants-third-party plaintiffs-appellants, Acuity, a mutual insurance company, and Nancy Lynch, the cause was submitted on the briefs of Arthur P. Simpson and Christine M. Rice of Simpson & Deardorff, S.C., of Milwaukee, with oral argument by Arthur P. Simpson.

On behalf of the third-party defendants-respondents, the cause was submitted on the brief of Todd M. Weir and Jason J. Franckowiak of Otjen, Van Ert & Weir, S.C., of Milwaukee, with oral argument by Todd M. Weir.

Before CURLEY, P.J., FINE and BRENNAN, JJ.

¶ 1 CURLEY, P.J.

Acuity, a Mutual Insurance Company, and its insured, Nancy Lynch (collectively referred to as Acuity unless otherwise specified) appeal from a summary judgment order dismissing their action against Midwest Neurosurgical Associates, S.C., and Arvind Ahuja, M.D. (collectively referred to as Dr. Ahuja unless otherwise specified). Acuity argues that it should be reimbursed for the expenses related to what it contends was an unnecessary surgery performed...

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