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FRY v. TOTH

No. 169.

42 Wis.2d 202 (1969)

166 N.W.2d 235

FRY, Plaintiff, v. TOTH, Defendant and Respondent: ALLSTATE INSURANCE COMPANY, Defendant and Appellant: DAIRYLAND INSURANCE COMPANY, Defendant.

Supreme Court of Wisconsin.

Decided April 1, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Kivett & Kasdorf, attorneys, and John M. Swietlik and Thomas A. Wilson of counsel, and oral argument by Nonald J. Lewis, all of Milwaukee.

For the respondent there was a brief and oral argument by Edward P. Rudolph of Milwaukee.

CONNOR T. HANSEN, J.

On November 6, 1965, Toth, Sr., applied for automobile liability insurance with the appellant, and based on the application, a policy was issued to him on December 1, 1965. The application certified that neither Toth, Sr., nor any member of his household ever had any similar insurance canceled, nor had a driver's license revoked.

Toth, Jr., was twenty-four years of age at the time the application for insurance was made, and it appears...

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