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KURZ v. COLLINS

6 Wis.2d 538 (1959)

KURZ, Plaintiff and Respondent, v. COLLINS and another, Defendants: BADGER STATE CASUALTY COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

March 3, 1959.

Attorney(s) appearing for the Case

For the appellant there were briefs by Wickham, Borgelt, Skogstad & Powell, attorneys, and Arthur Wickham of counsel, all of Milwaukee, and oral argument by Mr. Wickham.

For the respondent there was a brief by Charlton, Yanisch, Binzak & Ritchay, attorneys, and Richard F. Yanisch and William A. Ritchay of counsel, all of Milwaukee, and oral argument by Richard F. Yanisch and William A. Ritchay.

CURRIE, J.

The issues on this appeal are as follows:

(1) Was there a failure of co-operation on the part of Collins and Pappas, or either of them, because of having made material false statements, which breached a condition of the policy of insurance as a matter of law so as to entitle the insurance company to a summary judgment?

(2) Did Collins breach the co-operation clause of the policy by failing to verify...

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