HEATER v. FIREMAN'S FUND INS. CO.


30 Wis.2d 561 (1966)

HEATER, Appellant, v. FIREMAN'S FUND INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

April 12, 1966.


Attorney(s) appearing for the Case

For the appellant there was a brief by Phillips, Hoffman & Phillips of Milwaukee, and oral argument by N. Paley Phillips.

For the respondent there was a brief by Prosser, Zimmermann & Wiedabach of Milwaukee, and oral argument by J. R. Wiedabach.


BEILFUSS, J.

It is apparent from the memorandum opinion filed by the trial judge that the appellant made essentially the same argument to the trial court as has been made upon appeal.

The trial court's memorandum, in part, is as follows:

"It is evident from the complaint that the total disability of the plaintiff occurred prior to the issuance of the policy in question. The mortgage security insurance amendment rider to the accident policy, a copy...

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