Delaney v. Prudential Insurance Co. of America

This case is controlled by sec. 209.06 (1), Stats.,2 which has been interpreted to mean that there are three alternative grounds for avoiding such a policy:

*349“ (1) If the statement was false and made with intent to deceive; (2) if the statement increased the risk; or (3) if the statement contributed to the loss.” 3

In the instant case there was no contention that the respondent’s statements contributed to the loss.

The principal issue presented on this appeal is whether there was credible evidence to support the jury verdict that there was no increase in the risk resulting from any false…