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YURK v. PRUDENTIAL INS. CO.

No. 165.

64 Wis.2d 234 (1974)

219 N.W.2d 561

YURK and wife, Respondents, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant.

Supreme Court of Wisconsin.

Decided June 28, 1974.

Attorney(s) appearing for the Case

For the appellant there were briefs by William A. Stearns and Quarles, Herriott, Clemons, Teschner & Noelke, all of Milwaukee, and oral argument by Mr. Stearns.

For the respondents there was a brief by David Rabinovitz and Rabinovitz & Sonnenburg, all of Sheboygan, and oral argument by David Rabinovitz.

HANLEY, J.

Two issues are presented on this appeal:

1. Was there credible evidence to support the trial court's finding that the misstatements of fact concerning the applicant's mental illness contained in the application were inserted by insurer's agent?

2. Is the evidence sufficient to support the trial court's finding that the defendant's agent misrepresented the law in obtaining a release from plaintiffs?

Sufficiency of the evidence...

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