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TRIBLE v. TOWER INS. CO.

No. 272.

43 Wis.2d 172 (1969)

168 N.W.2d 148

TRIBLE, Respondent, v. TOWER INSURANCE COMPANY, Appellant: TESCHNER INSURANCE AGENCY, Defendant.

Supreme Court of Wisconsin.

Decided June 6, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by Robert W. Wolfe and Wofe, O'Leary, Kenney & Wolfe, all of Milwaukee, and oral argument by Robert W. Wolfe.

For the respondent there was a brief and oral argument by L. V. Kaminski of Princeton.

HANLEY, J.

The following issues are raised on this appeal:

(1) Does the evidence support the trial court's finding of mistake;

(2) Can the mistake of an independent soliciting insurance broker be attributed to the insurance company which eventually accepts the application for insurance;

(3) Does the trial court have authority to reform the contract when reformation of the contract is not sought by the pleadings; and

(4) Does the policy...

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