Wisconsin Patients Compensation Fund v. Physicians Insurance Co. of Wisconsin, Inc.

¶ 1. The Physicians Insurance Company of Wisconsin, Inc., provides medical-malpractice insurance for approximately forty-percent of physicians practicing in Wisconsin. Under Wis. Stat. ch. 655, its coverage is primary, and the Wisconsin Patient's Compensation Fund provides excess coverage. Wis. Stat. § 655.27; Patients Compensation Fund v. Lutheran Hospital-LaCrosse, Inc., 223 Wis. 2d 439, 452-453, 588 N.W.2d 35, 40 (1999) ("When a malpractice claim against a health care provider succeeds, the Fund pays the part of the claim which is in excess of either the amount of primary insurance…