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Surrogate Insurance Coverage
to be Decided by Wisconsin Supreme Court


The Wisconsin Supreme Court has agreed to hear a case on whether an insurance company can refuse to pay maternity benefits for a Wisconsin woman who is acting as a surrogate to gestate a child for another family.  The case, MercyCare Ins. Co. v. Wisconsin Commissioner of Insurance, was certified to the Supreme Court by the Wisconsin Court of Appeals, District IV.

The Wisconsin Commissioner of Insurance determined that benefits must be paid for a woman who has maternity coverage because insurers should not be free to inquire into how or why someone becomes pregnant.  MercyCare appealed that decision to the Rock County Circuit Court where Judge James Welker held that the exclusion of benefits was appropriate.

The case is in briefing at this time.  Oral argument will likely not be held until sometime in Spring 2010.



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Updated: November 23, 2009