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Insurance — amendment — constructive cancellation

By: WISCONSIN LAW JOURNAL STAFF//January 16, 2014//

Insurance — amendment — constructive cancellation

By: WISCONSIN LAW JOURNAL STAFF//January 16, 2014//

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Wisconsin Court of Appeals

Civil

Insurance — amendment — constructive cancellation

Rural Mutual Insurance Company appeals a summary judgment dismissing all claims against Acuity and declaring that Acuity has no duty to defend or indemnify Amelia Molz. Rural Mutual argues that Acuity (1) unlawfully amended its policy without Amelia’s knowledge and consent; and (2) constructively cancelled the policy without notice, contrary to Wis. Stat. § 631.36(2) (2011-12). Rural Mutual alternatively argues that, even if § 631.36(2) does not apply, the amendment should be void as contrary to public policy. We reject Rural Mutual’s arguments and affirm the judgment. This opinion will not be published.

2012AP144 Spice v. Molz, et al.

 

Dist II, Winnebago County, Seifert, J., Per Curiam

Attorneys: For Appellant: Pernitz, Scott G., Madison; For Respondent: Rakvic-Farr, Laure, Madison

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