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POWALKA v. STATE MUT. LIFE ASSURANCE CO.

No. 78.

41 Wis.2d 151 (1968)

163 N.W.2d 162

POWALKA, Appellant, v. STATE MUTUAL LIFE ASSURANCE COMPANY OF AMERICA, Respondent.

Supreme Court of Wisconsin.

Decided December 20, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief by Schober & Radtke of New Berlin, attorneys, and Maroney & Schiro of Milwaukee of counsel, and oral argument by Thomas P. Maroney.

For the respondent there was a brief by Foley, Sammond & Lardner, and oral argument by Gilbert W. Church, all of Milwaukee.

ROBERT W. HANSEN, J.

If the medical examiner did not make a statement of fitness for insurance, statements by the insured which were false and increased the risk destroy the right of the widow to recover on the policy.1

If, however, the medical examiner made a statement of fitness for insurance, or issued a certification as to the health of the insured, then the insurance company can...

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