Delaney v. Prudential Insurance Co. of America

29 Wis.2d 345 (1965)

DELANEY, Respondent,

v.

PRUDENTIAL INSURANCE COMPANY OF AMERICA, Appellant.

Supreme Court of Wisconsin.

November 30, 1965.

January 4, 1966.

For the appellant there was a brief and oral argument by Hubert V. Fuller of La Crosse.

For the respondent there was a brief and oral argument by Ingolf E. Rasmus of Chippewa Falls.

WILKIE, J.

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:

"(1) If the statement was false and made with intent to deceive; (2) if the statement increased…