Fox v. Catholic Knights Insurance Society

WEDEMEYER, EJ.

¶ 26. (dissenting). I write separately from the majority because I believe the trial court correctly ruled that Wis. Stat. § 631.11(3) does not apply to this case, and that because the blood was not drawn from Patrick until after he died, the life insurance policy did not go into effect.

¶ 27. This is a significant case in the development of insurance law as it is the first Wisconsin case to interpret Wis. Stat. § 631.11(3). I conclude that the majority has incorrectly interpreted the statute. Although the unusual and unfortunate circumstances presented in this case generate…