Mercycare Insurance v. Wisconsin Commissioner of Insurance

¶ 1. 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 to this question is determined, in part, by what level of deference, if any, should be accorded the Commissioner's decision."

*117¶ 2. The Commissioner concluded that Wis. Stat. § 632.895(7) does not permit an insurer to exclude generally covered…