Weiss v. Mutual Indemnity Co.

If there are any substantial issues of fact for trial, summary judgment should not be granted. Thompson v. Dairyland Mut. Ins. Co. (1966), 30 Wis. (2d) 187, 140 N. W. (2d) 200; Hein v. State Farm Mut. Automobile. Ins. Co. (1966), 29 Wis. (2d) 702, 139 N. W. (2d) 611.

There appear to be misstatements on each of the three insurance applications. The appellant urges that these errors voided the policy as a matter of law, as in Delaney v. Prudential Ins. Co. (1966), 29 Wis. (2d) 345, 139 N. W. (2d) 48. The plaintiff, on the other hand, denies that the false statements were made by him and…