Seider v. Musser

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). The administrative regulation makes this statute inapplicable when there is a "policy insuring real property any part of which is used for commercial (non-dwelling) purposes other than on an…