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NOLDEN v. MUTUAL BENEFIT LIFE INS. CO.

No. 75-636.

80 Wis.2d 353 (1977)

259 N.W.2d 75

NOLDEN, Respondent, v. MUTUAL BENEFIT LIFE INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided November 1, 1977.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Cross & Wagner of Baraboo.

For the respondent the cause was submitted on the brief of Hill, Quale, Hartmann, Bohl & Evenson of Baraboo.

CONNOR T. HANSEN, J.

The defendant issued Nolden a group health and life insurance contract based upon an application executed by Nolden on August 15, 1971. The contract provided for payment of medical expenses and $10,000 in death benefits. The insured died February 11, 1972, at the age of twenty-six, following open-heart surgery. The defendant contends that the deceased insured made erroneous or inaccurate statements as to his health condition in his application...

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