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TEMPELIS v. AETNA CASUALTY & SURETY CO.

No. 90-2525.

164 Wis.2d 17 (1991)

473 N.W.2d 549

Zoe TEMPELIS, a/k/a Zoe Tempeli and his wife, Sally Tempelis, Plaintiffs-Appellants, v. AETNA CASUALTY & SURETY COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 23, 1991.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of James L. Cirilli of Peterson, Cirilli, Gondik & Moldenhauer of Superior.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Robert Terhaar of Cosgrove, Flynn, Gaskins & Haskell of Minneapolis.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

Zoe and Sally Tempelis appeal a judgment dismissing their claim against Aetna Casualty & Surety Company for fire insurance coverage. The trial court dismissed the claim after a jury finding that the Tempelises made a material misrepresentation on the proof of loss form they filed with Aetna after fire damaged their home and its contents.

The Tempelises contend that the trial court erred by eliminating...

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