In Re: Partnership Health Plan, Inc. v. Office of the Commissioner of Insurance

2018 WI 1 SUPREME COURT OF WISCONSIN CASE NO.: 2015AP1331 COMPLETE TITLE: In Re: Partnership Health Plan, Inc., Petitioner, Michael S. Polsky, Esq. as Chapter 128 Receiver of Community Health Partnership, Inc., Interested Party-Appellant-Petitioner, v. Office of the Commissioner of Insurance, Interested Party-Respondent. REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at 373 Wis. 2d 309, 895 N.W.2d 103 (2017 – Unpublished) OPINION FILED: January 5, 2018 SUBMITTED ON BRIEFS: ORAL ARGUMENT: October 3, 2017 SOURCE OF APPEAL: COURT: Circuit COUNTY: Dane JUDGE: William D. Johnston and Richard G. Niess JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ABRAHAMSON, J. withdrew from participation. ATTORNEYS: For the interested party-appellant-petitioner, there were briefs filed by Kevin L. Keeler, Michael S. Polsky, C. J. Murray, and Beck, Chaet, Bamberger & Polsky, S.C., Milwaukee, and an oral argument by Kevin L. Keeler. For the interested party-respondent, there was a brief filed by Patricia M. Gibeault, Steven A. Brezinski, and Axley Brynelson, LLP, Madison, and an oral argument by Steven Brezinski. 2018 WI 1 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2015AP1331 (L.C. No. 2013CV207) STATE OF WISCONSIN : IN SUPREME COURT In re: Partnership Health Plan, Inc., Petitioner, Michael S. Polsky, Esq. as Chapter 128 Receiver of Community Health Partnership, Inc., FILED Interested Party-Appellant- JAN 5, 2018 Petitioner, Diane M. Fremgen Clerk of Supreme Court v. Office of Commissioner of Insurance, Interested Party-Respondent. ¶1 PER CURIAM. The decision of the court of appeals is affirmed by an equally divided Court. ¶2 SHIRLEY S. ABRAHAMSON, J., withdrew from participation. No. 1