Legal Opinion
Continental Casualty Co. v. Wisconsin Patients Compensation Fund
Court of Appeals of Wisconsin
Decided July 24, 1991No. 90-2315PublishedCited by 40 opinions
1Opinion of the CourtScott, J.
The Wisconsin Patients Compensation Fund (the fund) appeals from a summary judgment which ordered the fund to return to Continental Casualty Company (CNA) monies CNA had paid the fund to fully assume the responsibility and cost of defending Dr. Louis Floch in a medical malpractice action. The trial court concluded that the fund had been unjustly enriched as a result of mutual mistake and so must return to CNA any funds not expended on Dr. Floch's behalf. We disagree. We therefore reverse and remand for entry of summary judgment in the fund's favor.
In August 1986, Angela Friedeck and her son…
2Cases cited8 opinions
- Watts v. WattsWisconsin Supreme Court · 1987
- Jones v. JenkinsWisconsin Supreme Court · 1979
- Nicholson v. Home Insurance Companies, Inc.Wisconsin Supreme Court · 1987
- Leverence v. United States Fidelity & GuarantyCourt of Appeals of Wisconsin · 1990
- Krezinski v. HayWisconsin Supreme Court · 1977
3 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- County Commissioners v. J. Roland Dashiell & Sons, Inc.Court of Appeals of Maryland · 2000
- Gorton v. Hostak, Henzl & Bichler, S.C.Wisconsin Supreme Court · 1998
- Baierl v. McTaggartWisconsin Supreme Court · 2001
- Farmers Automobile Insurance v. Union Pacific Railway Co.Wisconsin Supreme Court · 2009
- Greenlee v. Rainbow Auction/Realty Co., Inc.Court of Appeals of Wisconsin · 1996
35 more not listed; retrieve them via the Exa API.