Legal Opinion · Dissent

Froedtert Memorial Lutheran Hospital, Inc. v. National States Insurance

Court of Appeals of Wisconsin

Decided March 18, 2008No. 2007AP934Published

1DissentFine, J.

¶ 39. (dissenting). Insurance companies write policies to cover certain risks, and price their policies by charging premiums to account for those risks. The insurance industry (and, therefore, the ability of persons to protect themselves against their risks) would vanish if insurance companies were forced to pay more than they contracted to pay. The law in Wisconsin, and elsewhere, recognizes this. See Bulen v. West Bend Mut. Ins. Co., 125 Wis. 2d 259, 264, 371 N.W.2d 392, 394 (Ct. App. 1985) ("We will not, under the guise of strict construction against the insurer, rewrite a policy to bind…

2Cases cited2 opinions

  1. Bulen v. West Bend Mutual InsuranceCourt of Appeals of Wisconsin · 1985
  2. Bruchert v. Tokio Marine & Nichido Fire InsuranceCourt of Appeals of Wisconsin · 2007

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