HOMELAND INS. CO. v. CAROLINA INS. CO.


261 Wis. 378 (1952)

HOMELAND INSURANCE COMPANY OF AMERICA, Appellant, vs. CAROLINA INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

April 8, 1952.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of John E. Krueger of Milwaukee.

For the respondent there was a brief by Quarles, Spence & Quarles, attorneys, and Edward H. Borgelt and Wayne J. Roper of counsel, all of Milwaukee, and oral argument by Mr. Roper.


MARTIN, J.

The principal question on this appeal is whether the Carolina policy was in force at the time of the loss, and this depends upon whether Dobbert had authority to cancel the policy, waiving the five days' notice, and substitute the policies of the Homeland Insurance Company and the other two companies.

According to the testimony of Mr. Cohen, Mr. O'Connell was instructed to get $100,000 use-and-occupancy insurance and to keep the mill insured for...

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