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BROWN v. EQUITABLE LIFE INS. CO.

No. 150.

60 Wis.2d 620 (1973)

211 N.W.2d 431

BROWN, Administratrix, Appellant, v. EQUITABLE LIFE INSURANCE COMPANY OF IOWA, Respondent.

Supreme Court of Wisconsin.

Decided October 30, 1973.

Attorney(s) appearing for the Case

For the appellant there were briefs by Nowlan, Mouat, Lovejoy, Wood & Cripe, attorneys, and Richard E. Rosenberg of counsel, all of Janesville, and oral argument by Mr. Rosenberg.

For the respondent there was a brief by Wickhem, Consigny, Sedor, Andrews & Hemming, S. C., and Gilbert D. Sedor, all of Janesville, and oral argument by Gilbert D. Sedor.

HANLEY, J.

The sole issue on appeal is whether the conditional receipt issued by the respondent insurance company after payment of the first premium of $54.88 by the decedent created a contract of temporary insurance, effective as of the date of receipt which could be terminated only by notification to the decedent that his application for and temporary insurance was rejected because of his uninsurability, or whether the...

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