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SOUTHARD v. OCCIDENTAL LIFE INS. CO.

36 Wis.2d 708 (1967)

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

Supreme Court of Wisconsin.

November 28, 1967.

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 Lloyd L. Chambers and Francis J. Podvin.

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

WILKIE, J.

The sole issue on this appeal is whether the trial court erred in granting the plaintiff's motion for a directed verdict. Or to put it another way, contrary to the trial court's ruling was there credible evidence to support a jury finding that the applicant was suffering from a serious illness during the two-year period preceding the date of his application?5

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