SAUSEN v. AMERICAN FAMILY MUT. INS. CO.

No. 84-419.

121 Wis.2d 653 (1984)

360 N.W.2d 565

Frank J. SAUSEN, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant and Co-Appellant, VINLAND TOWN MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 27, 1984.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Robert Lubinski, Mary A. Klass and Lubinski, Rottier & Lubinski of Seymour.

For the co-appellant the cause was submitted on the brief of Charles W. Klasen of Appleton.

For the respondent the cause was submitted on the brief of Philip A. Munroe and Di Renzo & Bomier of Neenah.

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


CANE, J.

Frank Sausen appeals a summary judgment dismissing his property loss claim against Vinland Town Mutual Insurance Company. The trial court held that Sausen's insurance policy lapsed because he failed to exercise his right to renew the policy. Sausen argues that the insurance policy did not lapse because Vinland failed to give notice that the renewal premium was due. Because notice of nonrenewal or of premium due is required before a policy lapses, and because...

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