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POLAR MFG. CO. v. INTEGRITY MUT. INS. CO.

7 Wis.2d 443 (1959)

POLAR MANUFACTURING COMPANY and another, Respondents, v. INTEGRITY MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

June 2, 1959.

Attorney(s) appearing for the Case

For the appellant there were briefs by Genrich, Terwilliger, Wakeen, Piehler & Conway, attorneys, and Paul D. Hilton and Lee Nutt of counsel, all of Wausau, and oral argument by Herbert L. Terwilliger.

For the respondents there was a brief by Schmitt & Wurster of Merrill, and Charles B. Avery of Antigo, for the Polar Manufacturing Company, and David W. Goodnough of Antigo, for the Fidelity Savings Bank, and oral argument by Mr. Leonard F. Schmitt, Mr. Goodnough, and Mr. Avery.

BROADFOOT, J.

Upon this appeal the defendant contends that the special verdict and the court's instructions were erroneous. This involves a construction of sec. 209.06 (1), Stats. 1955, which reads as follows:

"No oral or written statement, representation, or warranty made by the insured or in his behalf in the negotiation of a contract of insurance shall be deemed material or defeat or avoid the policy, unless such statement, representation, or warranty was...

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