Borosich v. Metropolitan Life Insurance

The following opinion was filed October 11, 1927:

Crownhart, J.

This case was here on a former appeal (191 Wis. 239, 210 N. W. 829). All questions there properly before the court for consideration are now res adju-dícala. Foster v. Rowe, 132 Wis. 268, 111 N. W. 688; Lutien v. Kewaunee, 151 Wis. 607, 139 N. W. 312; Zohrlaut v. Mengelberg, 158 Wis. 392, 148 N. W. 314, 149 N. W. 280.

The appellant now claims that the proof of loss establishes the fact that respondent’s claim is not within the policy and hence there is no cause of action. By reference to the records on the former appeal and the…