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SCHMITZ v. FIRE INS. EXCHANGE

No. 04-1545.

280 Wis.2d 560 (2005)

2005 WI App 76

696 N.W.2d 238

Robert SCHMITZ, Plaintiff-Appellant, BALBOA INSURANCE COMPANY, Equicredit Corporation of America, and Fairbanks Capital Corporation, Subrogated-Plaintiffs, v. FIRE INSURANCE EXCHANGE d/b/a Farmer's Insurance Group, Defendant-Respondent, Karen L. PALADINO and Fireman's Fund Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided March 9, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Daniel S. Draper and Joseph M. Cardamone III, of Gagliardi, O'Brien, Braden, Olson & Capelli of Lake Geneva and Salem.

On behalf of the defendant-respondent, the cause was submitted on the brief of Richard E. Schmidt and Amy E. Wochos of Piper & Schmidt of Milwaukee.

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

¶ 1. NETTESHEIM, J.

Robert Schmitz appeals from a summary judgment granted in favor of Fire Insurance Exchange (FIE), d/b/a Farmer's Insurance Group. The trial court determined that FIE had properly cancelled Schmitz's homeowner's insurance policy by mailing a cancellation notice at least ten days prior to a fire at Schmitz's residence.

¶ 2. At issue is the language in WIS. STAT. § 631.36(2)(c) (2003...

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