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RYDER v. STATE FARM MUT. AUTO. INS. CO.

No. 74.

51 Wis.2d 318 (1971)

187 N.W.2d 176

RYDER, Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant: ROBERTSON, Defendant.

Supreme Court of Wisconsin.

Decided June 2, 1971.

Attorney(s) appearing for the Case

For the appellant there were briefs by Kivett & Kasdorf, attorneys, and Nonald J. Lewis and Conrad G. Goodkind of counsel, all of Milwaukee, and oral argument by Mr. Goodkind.

For the respondent there was a brief by Gerald J. Bloch and Phillips, Hoffman & Bloch, all of Milwaukee, and oral argument by Gerald J. Bloch.

CONNOR T. HANSEN, J.

A trial on the issue of coverage was held. The jury found that the defendant had made a material misrepresentation in applying for insurance. This finding is not disputed on appeal. However, the trial court found that State Farm was "estopped from raising its policy defense on the grounds of laches and by virtue of its conduct in not taking timely affirmative action to cancel the policy after learning of the facts surrounding misrepresentation...

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