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JOHNSON v. MT. MORRIS MUT. INS. CO.

No. 2010AP2468.

809 N.W.2d 53 (2011)

338 Wis.2d 327

2012 WI App 3

Bernard JOHNSON and Kathryn Johnson, Plaintiffs-Respondents, v. MT. MORRIS MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed December 1, 2011.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James A. Baxter and Douglas M. Raines of von Briesen & Roper, S.C., Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the briefs of Peter J. Culp and Heath G. Mynsberge of Dempsey, Williamson, Kelly & Hertel, LLP, Oshkosh.

Before LUNDSTEN, P.J., HIGGINBOTHAM and SHERMAN, JJ.

SHERMAN, J.

¶ 1 Mt. Morris Mutual Insurance Company appeals from an order for partial summary judgment in favor of Bernard Johnson and Kathryn Johnson, on the issue of whether the Johnsons were entitled under Wis. Stat. § 632.05(2) (2009-10),1 to the policy limits of an insurance policy in effect when a house they owned was destroyed by an explosion and fire. Mt. Morris contends that because the Johnsons were not living in the...

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