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STATE FARM FIRE & CAS. INS. v. WALKER

No. 89-1272.

157 Wis.2d 459 (1990)

459 N.W.2d 605

STATE FARM FIRE & CASUALTY INSURANCE COMPANY, Plaintiff-Respondent, v. Jimmy J. WALKER, Defendant-Co-Appellant, Joan MOSBY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 25, 1990.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jeffrey P. Patterson of Braden & Olson of Lake Geneva.

On behalf of the defendant-co-appellant, the cause was submitted on the brief of Michael D. Brennan of Brennan Law Office of Williams Bay.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Robert C. Burrell of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee.

Before Nettesheim, P.J., Brown and Scott, JJ.

BROWN, J.

The appellants in this fire insurance case challenge a summary judgment that declared their fire insurance null and void and dismissed their claims for punitive damages against the insurance company. We affirm.

The case presents two issues. The first issue is whether an insurance company may deny recovery to an innocent insured when a co-owner of the policy breaches a clause in the insurance contract barring recovery if there is concealment or fraud...

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