Binsfeld v. Home Mutual Insurance

The question presented is whether appellant is entitled to costs under ch. 271, Stats., on the granting of its motion for summary judgment dismissing respondent’s complaint without prejudice to timely recommence another action,

Respondent, Edward Binsfeld, seeks to recover damages in an action at law against appellant, Home Mutual Insurance Company. Appellant filed a plea in abatement, and then made a motion for summary judgment dismissing respondent’s complaint, for the reason that the proofs of loss submitted by respondent did not comply with the proofs required by the policy, as a condition…