MARTIN v. TOWER INS. CO., INC.

No. 83-1354.

119 Wis.2d 48 (1984)

349 N.W.2d 90

Hazel MARTIN, an individual, Plaintiff-Appellant, v. TOWER INSURANCE COMPANY, INC., a corporation, Defendant-Respondent, Patrick RATHBURN and Kathleen Rathburn, individuals, Defendants.

Court of Appeals of Wisconsin.

Decided April 17, 1984.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Thomas P. Schwaba of Marinette.

For the respondent the cause was submitted on the brief of James A. Morrison and Jabas & Morrison, S.C., of Marinette.

Before Foley, P.J., Dean and Cane, JJ.


CANE, J.

Hazel Martin appeals a summary judgment dismissing her complaint against Tower Insurance Company. Although Martin was named the mortgagee of property included in an insurance policy Tower issued to Patrick and Kathleen Rathburn, the trial court concluded that Martin had no claim against Tower for fire damage to the property because the Rathburns had no insurable interest in the property when Tower issued its policy to them. Because under sec. 631.07(4), Stats...

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