Tempelis v. Aetna Casualty & Surety Co.
Court of Appeals of Wisconsin
1Opinion of the CourtCane, P.J.
Zoe and Sally Tempelis appeal a judgment dismissing their claim against Aetna Casualty & Surety Company for fire insurance coverage. The trial court dismissed the claim after a jury finding that the Tempelises made a material misrepresentation on the proof of loss form they filed with Aetna after fire damaged their home and its contents.
The Tempelises contend that the trial court erred by eliminating the element of reliance from its jury instruction on the material misrepresentation. Their argument is predicated on language in Northwestern Nat'l Ins. Co. v. Nemetz, 135 Wis. 2d 245, 262, 400…
2Cases cited19 opinions
- Standard Theatres, Inc. v. State, Department of TransportationWisconsin Supreme Court · 1984
- Northwestern National Insurance v. NemetzCourt of Appeals of Wisconsin · 1986
- State v. StanfieldWisconsin Supreme Court · 1982
- Bernadich v. BernadichMichigan Supreme Court · 1938
- Miller & Dobrin, Etc., Co. v. CAMDEN FIRE, ASS'NNew Jersey Superior Court Appellate Division · 1959
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3Cited by8 opinions
- Tempelis v. Aetna Casualty & Surety Co.Wisconsin Supreme Court · 1992
- American Casualty Company of Reading, Pennsylvania v. B. Cianciolo, Inc., and the Cianciolo Company, Inc.Court of Appeals for the Seventh Circuit · 1993
- Allstate Insurance v. HustonCourt of Appeals of Washington · 2004
- Schaefer v. Northern Assurance Co. of AmericaCourt of Appeals of Wisconsin · 1994
- American Family Mutual Insurance v. SchleyDistrict Court, E.D. Wisconsin · 1997
3 more not listed; retrieve them via the Exa API.