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KRAUS v. WISCONSIN LIFE INS. CO.

27 Wis.2d 611 (1965)

KRAUS, Appellant, v. WISCONSIN LIFE INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

June 1, 1965.

Attorney(s) appearing for the Case

For the appellant there were briefs by Beaudry & Kershek and Eugene A. Kershek and Richard D. Kaestner, all of Milwaukee, and oral argument by Mr. Eugene A. Kershek and Mr. Kaestner.

For the respondent there was a brief by Petersen, Sutherland, Axley & Brynelson, and oral argument by James C. Herrick, all of Madison.

FAIRCHILD, J.

The grace period for payment of the September 14th premium ran out less than three months after the disability of insured began. The company takes the position that the disability rider, by its terms, calls for waiver of premium after total and presumably permanent disability has continued for three months and proofs thereof have been filed with and approved by the company. It contends that because the disability in this case had not continued for three...

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