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SOUTHARD v. OCCIDENTAL LIFE INS. CO.

31 Wis.2d 351 (1966)

SOUTHARD, Respondent, v. OCCIDENTAL LIFE INSURANCE COMPANY OF CALIFORNIA, Appellant.

Supreme Court of Wisconsin.

June 7, 1966.

Attorney(s) appearing for the Case

For the appellant there was a brief by Chambers, Nash, Pierce & Podvin of Wisconsin Rapids, and oral argument by Francis J. Podvin.

For the respondent there was a brief by Hosek, Zappen & Meissner of Marshfield, and oral argument by Carl L. Meissner.

HALLOWS, J.

We hold a question of law rather than a question of fact is raised by the affidavits and should be decided upon the defendant's motion under the rule laid down in Bond v. Harrel (1961), 13 Wis.2d 369, 108 N.W.2d 552; Rabinovitz v. Travelers Ins. Co. (1960), 11 Wis.2d 545, 105 N.W.2d 807; and Voysey v. Labisky (1960...

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