Schmitz v. Fire Insurance Exchange

¶ 1. Robert Schmitz appeals from a summary judgment granted in favor of Fire Insurance Exchange (FIE), d/b/a Farmer's Insurance Group. The trial court determined that FIE had properly cancelled Schmitz's homeowner's insurance policy by mailing a cancellation notice at least ten days prior to a fire at Schmitz's residence.

¶ 2. At issue is the language in Wis. Stat. § 631.36(2) (c) (2003-04) 1 which provides that a termination of a new policy that has been in effect less than sixty days at the time the notice of cancellation is mailed or delivered is not effective "until at least 10 days after…