EISENBERG v. CONTINENTAL CASUALTY CO.

No. 208.

48 Wis.2d 637 (1970)

180 N.W.2d 726

EISENBERG, Appellant, v. CONTINENTAL CASUALTY COMPANY, Respondent.

Supreme Court of Wisconsin.

Decided November 6, 1970.


Attorney(s) appearing for the Case

For the appellant there were briefs by Godfrey & Kahn, attorneys, and William H. Alverson and James Ward Rector, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Alverson and Mr. Rector.

For the respondent there was a brief by Frisch, Dudek, Slattery & Denny, attorneys, and Edward A. Dudek and Robert D. Scott of counsel, all of Milwaukee, and oral argument by Edward A. Dudek.


CONNOR T. HANSEN, J.

On December 24, 1962, the plaintiff applied for disability income insurance under a group policy. The insurer offered three different "plans" or schedules of benefits. The plaintiff applied for Plan A benefits of $1,000 per month. The insurer issued its certificate of insurance providing for Plan A benefits effective February 1, 1963. In November, 1966, the plaintiff suffered a cerebral thrombosis which resulted in his disability within the meaning...

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