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KELLY v. MADISON NATIONAL LIFE INS. CO.

37 Wis.2d 152 (1967)

KELLY, Respondent, v. MADISON NATIONAL LIFE INSURANCE COMPANY, INC., Appellant.

Supreme Court of Wisconsin.

November 28, 1967.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by Charles H. Johnson of Madison.

For the respondent there was a brief by Richard R. Rynders, attorney, and Michael A. Burke of counsel, both of Madison, and oral argument by Mr. Rynders.

HALLOWS, J.

On March 23, 1964, Kelly was solicited for insurance by an agent of the defendant and was given an application to take to his family physician for a medical examination. Kelly told the agent he was afraid he might not pass a physical examination as he had an ulcer but was advised to let the medical examiner be the judge. At the time Kelly was a sixty-three-year-old farmer who operated three farms, rented an additional 1,800 acres of pasture land, and maintained...

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