KLEMENS v. BADGER MUT. INS. CO.


8 Wis.2d 565 (1959)

KLEMENS, Appellant, v. BADGER MUTUAL INSURANCE COMPANY OF MILWAUKEE, Respondent.

Supreme Court of Wisconsin.

December 1, 1959.


Attorney(s) appearing for the Case

For the appellant there was a brief by Jack J. Schumacher of Shawano, attorney, and Adolph P. Lehner of Oconto Falls of counsel, and oral argument by Mr. Schumacher and by Mr. Howard N. Lehner of Oconto Falls.

For the respondent there was a brief by Benton, Bosser, Fulton, Menn & Nehs, attorneys, and Peter S.Nelson of counsel, all of Appleton, and oral argument by Mr. Nelson and Mr. David L. Fulton.


BROWN, J.

Mr. and Mrs. Klemens owned a dwelling as joint tenants. They insured it in their joint names against loss by fire for $9,000 by a policy written by defendant Badger Mutual Insurance Company of Milwaukee.The policy contained a provision that the company is not liable for loss caused by neglect of the insured to save and preserve the property at and after a loss.

Then Mr. and Mrs. Klemens mortgaged the property for $6,500 to Shawano Savings & Loan...

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