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MARTELL v. KLINGMAN

11 Wis.2d 296 (1960)

MARTELL, Plaintiff, v. KLINGMAN and others, Defendants. [Case No. 103.] MONDOR and another, Plaintiffs, v. KLINGMAN and another, Defendants. [Case No. 104.]

Supreme Court of Wisconsin.

October 4, 1960.

Attorney(s) appearing for the Case

For the plaintiff there were briefs by Doar & Knowles of New Richmond, and oral argument by Warren P. Knowles III.

For the defendant National Indemnity Company there were briefs by Arnold, Philipp & Murray of Milwaukee, and Crocker, Herrick, Sigl & Goethel of Eau Claire, and oral argument by Kenneth L. Sigl and Suel O. Arnold.

For the defendants Delima Mondor and National Farmers Union Property & Casualty Company there were briefs by Gwin & Fetzner of Hudson, and for John Klingman by Robert Gavic of Spring Valley, and oral argument by Mr. John W. Fetzner and Mr. Gavic.

Case No. 104:

For the plaintiffs there were briefs by Gwin & Fetzner of Hudson, and oral argument by John W. Fetzner.

For the defendant John Klingman there was a brief and oral argument by Robert Gavic of Spring Valley.

For the defendant National Indemnity Company there were briefs by Arnold, Philipp & Murray of Milwaukee, and Crocker, Herrick, Sigl & Goethel of Eau Claire, and oral argument by Kenneth L. Sigl and Suel O. Arnold.

FAIRCHILD, J.

1. Policy defense. Klingman applied to National Indemnity Company for collision and liability insurance on March 15, 1958. He signed an application form in which the insurance agent wrote the information in the spaces provided. One of the spaces in the form was designated: "Describe all driving violations or convictions below" and in that space, the agent wrote "None." In fact, in May, 1952, Klingman had been fined $8.95 for speeding, apparently...

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