NEMOJESKI v. BUBOLZ MUT. TOWN FIRE INS. CO.


271 Wis. 561 (1956)

NEMOJESKI, Appellant, vs. BUBOLZ MUTUAL TOWN FIRE INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

January 10, 1956.


Attorney(s) appearing for the Case

The cause was submitted for the appellant on the brief of Kaftan, Kaftan & Kaftan of Green Bay, and for the respondent on the brief of Byrne, Bubolz & Spanagel of Appleton, and Lehner, Lehner & Behling of Oconto Falls.


GEHL, J.

The policy provision upon which the Insurance Company relies is as follows:

"Unless otherwise provided in writing added hereto, this company shall not be liable for loss occurring while the hazard is increased by any means within the control or knowledge of the insured."

The plaintiff contends that the hazard was not increased within the meaning of the provision by the giving of the second mortgage...

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