PLATKE v. JOHN HANCOCK MUT. LIFE INS. CO.


27 Wis.2d 1 (1965)

PLATKE, Respondent, v. JOHN HANCOCK MUTUAL LIFE INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

March 2, 1965.


Attorney(s) appearing for the Case

For the appellant there were briefs by Quarles, Herriott & Clemons, attorneys, and L. C. Hammond, Jr., and John S. Holbrook, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Hammond.

For the respondent there was a brief by Frisch, Dudek & Banholzer, attorneys, and Robert A. Slattery of counsel, all of Milwaukee, and oral argument by Mr. Slattery.


GORDON, J.

The underlying purpose of the legislature in enacting sec. 209.07, Stats., can be learned from declarations of the Iowa supreme court. This is true because our statute, adopted in 1911, was derived from the Iowa statute, enacted in 1897. In Weimer v. Economic Asso. (1899), 108 Iowa 451, 453, 79 N. W. 123, that court set out the purposes of the statute:

"The very evident purpose of the statute is to prevent the defeat of recovery on any policy...

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