Haas v. Integrity Mut. Ins. Co.
| Decision Date | 06 May 1958 |
| Citation | 90 N.W.2d 146,4 Wis.2d 198 |
| Parties | Paul HAAS, Special Administrator of the Estate of Richard Haas, Deceased, Respondent, v. INTEGRITY MUTUALS INSURANCE CO., a corporation, Appellant, Peter Dejanovich, Defendant. |
| Court | Wisconsin Supreme Court |
Thomas A. Woodrow, Benton, Bosser, Fulton, Menn & Nehs, Appleton, for appellant.
William J. Nuss, Fond du Lac, for respondent.
Marth & Marth, by William J. Marth, West Bend, for defendant Dejanovich.
Sec. 209.06(1), Stats.1955, provided:
'No oral or written statement, representation or warranty made by the insured or in his behalf in the negotiation of a contract of insurance shall be deemed material or defeat or avoid the policy, unless such statement, representation or warranty was false and made with intent to deceive, or unless the matter misrepresented or made a warranty increased the risk or contributed to the loss.'
This section does away with the prior distinction between representations and warranties made in the negotiation of a contract of insurance. The legal effect of each upon the rights of the parties is made identical. A similar question was decided by the United States Court of Appeals in Allstate Insurance Company v. Moldenhauer, 7 Cir., 193 F.2d 663. At page 665 of the opinion the court said:
That is a correct analysis and summarization of the law.
To support the judgment the plaintiff contends that the misrepresentations in the application were not material. It is undisputed in the evidence that the defendant Dejanovich was involved in a motor vehicle accident in September of 1955. Not only was the court record introduced but Dejanovich so admitted during the trial. The plaintiff points out that no personal injury resulted from that accident. The question in the application referred only to accidents and was not limited to those that resulted in personal injuries.
The plaintiff further contends that the proof in the record is insufficient to show that Dejanovich's driver's license had been revoked prior to the date of the application. Among the exhibits in the case is a form MVD-111 which was a certification of the driver record of Dejanovich by the commissioner of the motor vehicle department of the state of Wisconsin. The plaintiff says this certification is insufficient proof because there was no testimony of any kind in the record to reveal the basis for the information appearing thereon nor is there any evidence of any kind to reveal or even permit an inference that any notice of suspension of driving privileges was ever in fact given to or received by Dejanovich prior to the fatal accident. The exhibit was prima facie evidence of the facts therein. During his cross-examination with reference to the accident on September 25, 1955 Dejanovich answered questions as follows:
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