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SEIDER v. MUSSER

No. 98-1223.

222 Wis.2d 80 (1998)

585 N.W.2d 885

Richard SEIDER and Jean Seider, Plaintiffs-Appellants, v. Josephine W. MUSSER, Commissioner of Insurance, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 17, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Andrew J. King of Lutz, Burnett, McDermott, Jahn & King, LLP of Chilton.

On behalf of the defendant-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Paul L. Barnett, assistant attorney general.

Before Dykman, P.J., Vergeront and Roggensack, JJ.

VERGERONT, J.

Richard and Jean Seider appeal from a judgment dismissing their complaint for a declaratory judgment that WIS. ADM. CODE § INS 4.01(2)(e) is invalid because it conflicts with § 632.05(2), STATS., the "valued policy law." That statute establishes the policy limits as the amount of loss whenever insured real property "owned and occupied by the insured as a dwelling" is wholly destroyed. Section 632.05(2)1. The administrative...

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