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HENDRICKS v. M.C.I., INC.

No. 89-0440.

152 Wis.2d 363 (1989)

448 N.W.2d 289

Kenneth A. HENDRICKS, and Gilbert D. Sedor, Plaintiffs-Respondents-Cross Appellants, v. M.C.I., INC., Defendant-Appellant-Cross Respondent, Donald K. EMERSON, Trax Complex, Inc., Gates Lumber Co., Inc. of Janesville, Otis Elevator Company, Jane Murray, Michael E. Kepler, Trustee of Trax Complex, Inc., Floyd Kowal, d/b/a Modern Tile & Lumber Village, and United States of America, Internal Revenue Service, Defendants.

Court of Appeals of Wisconsin.

Decided September 21, 1989.

Attorney(s) appearing for the Case

For the appellant-cross respondent the cause was submitted on briefs of Nowlan and Mouat by Richard E. Rosenberg, of Janesville.

For the respondents-cross appellants the cause was submitted on briefs of Sedor & Hoag, S.C., by Gilbert D. Sedor, of Janesville.

Before Eich, C.J., Dykman and Sundby, JJ.

EICH, C.J.

M.C.I., Inc., appeals from a judgment denying its application for the proceeds of a fire insurance policy covering property in which it held a land contract vendee's interest. The vendor insured the property for an amount in excess of that due under the contract, and the issue is whether MCI has established a right to have a constructive trust imposed on the "excess" proceeds for its own benefit, or whether the vendor may retain them. We conclude that MCI...

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