PRODUCTION CREDIT ASS'N v. GORTON FARMS

No. 96-3100.

216 Wis.2d 1 (1997)

573 N.W.2d 549

PRODUCTION CREDIT ASSOCIATION OF SOUTHEAST WISCONSIN, Plaintiff, v. GORTON FARMS, a Wisconsin general partnership of Michael Vanderleest, Tim Hauch, Thomas Hauch and John Gorton, Defendants-Third Party Plaintiffs-Respondents, v. David KILPATRICK and Farm Credit Services of Southeast Wisconsin, Third Party Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided December 23, 1997.


Attorney(s) appearing for the Case

On behalf of the third party defendants-appellants, the cause was submitted on the briefs of Thomas J. Basting, Sr. and Margery M. Tibbetts of Brennan, Steil, Basting & MacDougall, S.C. of Janesville. There was oral argument by Thomas J. Basting, Sr.

On behalf of the defendants-third party plaintiffs-respondents, there were briefs and oral argument by Timothy S. Knurr of Schoone, Fortune, Leuck, Kelley & Pitts, S.C. of Racine.

Before Snyder, P.J., Brown and Anderson, JJ.


BROWN, J.

The question, posed in the alternative, is this: When an insurance policy mandates that cancellation of a policy by the insured be given in writing and written notice of cancellation is given to an insurance broker, must the insured's written request for cancellation be unequivocal and absolute before a duty arises on the part of the insurance broker to cancel the policy? Or, if the required written request is ambiguous...

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