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TEMPELIS v. AETNA CASUALTY & SURETY

No. 90-2525.

169 Wis.2d 1 (1992)

485 N.W.2d 217

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

Supreme Court of Wisconsin.

Decided June 17, 1992.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Robert J. Terhaar and Cosgrove, Flynn, Gaskins & Haskell, Minneapolis and oral argument by Mr. Terhaar.

For the plaintiffs-appellants there was a brief by James L. Cirilli and Peterson, Cirilli, Gondik & Molden-hauer, Superior and oral argument by James L. Cirilli.

WILLIAM A. BABLITCH, J.

Aetna Casualty and Surety Company (Aetna) seeks review of a court of appeals' decision which awarded the Tempelises their full claim for losses incurred by them from a fire that damaged their home, its contents and caused additional living expenses. At trial, the jury concluded that the fire was not set by or at the direction of the Tempelises. However, the jury concluded that the Tempelises, by creating fraudulent receipts for living expenses...

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