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GROSSE v. PROTECTIVE LIFE INS. CO.

No. 91-0382.

182 Wis.2d 97 (1994)

513 N.W.2d 592

Sharon GROSSE, Plaintiff-Appellant, v. PROTECTIVE LIFE INSURANCE COMPANY, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided March 24, 1994.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Carroll Metzner, Stephen Ehlke and Bell, Metzner, Gierhart & Moore, S.C., Madison and oral argument by Carroll E. Metzner.

For the plaintiff-appellant there was a brief by Briony Jean Foy, Larry I. Hanson and Jenswold, Studt, Hanson, Clark & Kaufmann, Madison and oral argument by Briony Jean Foy.

WILLIAM A. BABLITCH, J.

The plaintiff Sharon Grosse is seeking to collect life insurance proceeds from a policy issued to her deceased husband by defendant Protective Life Insurance Company (Protective Life). Protective Life denied coverage, claiming that there was a material change in the health of Mr. Grosse (a previously undiagnosed lung cancer) between the time of his application and the time he paid his first premium, a fact which for purposes of this review...

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