Northwestern Mutual Life Insurance v. Weiher

I respectfully dissent. Based upon the Wisconsin Supreme Court’s controlling decision in Fox v. Catholic Knights Ins. Soc’y, 263 Wis.2d 207, 665 N.W.2d 181 (2003), I conclude the majority has misinterpreted Wis. Stat. § 631.11(3), a statute that does not even apply to the issue whether Northwestern Mutual Life Insurance Company is entitled to rescind the disability insurance policy it issued to Douglas Weiher.

*401I.

In mid-2009, with his income from the practice of dentistry increasing, Weiher advised his independent insurance agent that he would like to increase the monthly disability benefits…