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JOHNSON v. MINNESOTA MUT. LIFE INS.

No. 88-1582.

151 Wis.2d 741 (1989)

445 N.W.2d 736

Rhoda L. JOHNSON, Plaintiff-Respondent, v. The MINNESOTA MUTUAL LIFE INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 26, 1989.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Thomas J. Sobota, and Boardman, Suhr, Curry & Field, of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Robert H. Consigny, John W. Holzhuter and Louis D. Gage, and Consigny, Andrews, Hemming & Grant, S.C., of Janesville.

Before Gartzke, P.J., Dykman and Eich, JJ.

GARTZKE, P.J.

Minnesota Mutual Life Insurance Company appeals from an award of summary judgment granted pursuant to sec. 802.08(6), Stats., to Rhoda Johnson for approximately $45,000 in benefits under a supplemental group life insurance policy the company issued to the employer of her husband, Curtis Johnson. We conclude that the company's motion for summary judgment establishes a prima facie defense that Curtis had cancelled...

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