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CASSEL v. NEWARK INS. CO.

274 Wis. 25 (1956)

CASSEL and another, Copartners, Respondents, vs. NEWARK INSURANCE COMPANY and others, Appellants.

Supreme Court of Wisconsin.

November 7, 1956.

Attorney(s) appearing for the Case

For the appellants there was a brief by Kenneth M. Kenney, Wolfe, O'Leary & Kenney, all of Milwaukee, and Francis J. Wilcox, and Wilcox & Sullivan, all of Eau Claire, and oral argument by Kenneth M. Kenney and Francis J. Wilcox.

For the respondents there was a brief by Slocumb, Bundy, Carey & Solberg of Menomonie, and oral argument by Ronald J. Carey.

MARTIN, J.

The policies here involved covered loss by hail, stating that the insurer should not be liable "unless the building covered or containing the property covered shall first sustain an actual damage to roof or walls by the direct force of wind or hail, and then shall be liable for loss to the interior of the building, or the property covered therein as may be caused by water, rain, snow, wind, or dust entering the building through the openings in the roof...

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