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WISCH v. CENTRAL LIFE ASSUR. CO.

22 Wis.2d 227 (1964)

WISCH, Appellant, v. CENTRAL LIFE ASSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

January 3, 1964.

Attorney(s) appearing for the Case

For the appellant there was a brief by Garrigan, Keithley, O'Neal, Dobson & Elliott and Roger D. O'Neal, all of Beloit, and oral argument by Roger D. O'Neal.

For the respondent there was a brief by Ela, Christianson, Ela, Esch, Hart & Clark, and Walter P. Ela and William F. Nelson, all of Madison, and oral argument by Mr. Nelson.

FAIRCHILD, J.

At the time Mr. Wisch gave the releases to defendant, he was totally disabled and may well have thought that he would remain so for the rest of his life. Although we now know that he had less than two months to live, the doctors were uncertain at that time of the nature of his illness. It was possible that he might live a long time, though disabled.

Defendant had issued three policies on Wisch's life. He had purchased one policy on the life of...

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