DIETZ v. HARDWARE DEALERS MUT. FIRE INS. CO.

No. 76-585.

88 Wis.2d 496 (1979)

276 N.W.2d 808

DIETZ, individually and by William A. Melby, her Guardian ad Litem, and another, Plaintiffs-Appellants, v. HARDWARE DEALERS MUTUAL FIRE INSURANCE COMPANY a/k/a Sentry Insurance, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided March 27, 1979.


Attorney(s) appearing for the Case

For the appellants there was a brief by Michael L. Eckert and O'Melia, Melby, Smith & Schiek, S. C., of Rhinelander, and oral argument by William A. Melby.

For the respondent there was a brief by Terwilliger, Wakeen, Piehler, Conway & Klingberg, S.C., of Wausau, and oral argument by Walter Piehler.


COFFEY, J.

This appeal challenges a summary judgment entered in favor of the defendant-respondent (hereinafter the insurer, Hardware Dealers Mut. Fire Ins. Co.) and dismissing the complaint of the plaintiff-appellant Nancy Dietz. The trial court's judgment is based upon its finding that the insured Michael Dietz initially gave false statements, subsequently recanted by him, regarding the facts and circumstances of the August 22, 1968 automobile accident wherein the...

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