SmartBrief
Confirm favorite deletion?
Contracts Keyed to Fuller
Kukuska v. Home Mut. Hail-Tornado Ins. Co.
Citation:
204 Wis. 166, 235 N.W. 403 (1931)Facts
On July 2, 1928, the plaintiff Kukuska applied for hail and tornado insurance with the defendant company through its agent Grimm. The plaintiff paid the policy fee and premium, which the agent treated as a cash transaction according to their usual course of business. The application stated that if accepted, the policy would run from the date of application. The defendant company took no action on the application at its July 7th meeting. On July 10th, the company wrote to its agent, who replied on July 12th. The company then waited nearly two weeks before returning the policies to the agent on July 25th. The plaintiff received no notice until the day he suffered a loss. The trial court found that had the plaintiff been seasonably notified, he could have readily obtained other insurance.
Only StudyBuddy Pro offers the complete Case Brief Anatomy*
Access the most important case brief elements for optimal case understanding.
*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
Topic:
Identifies the topic of law and where this case fits within your course outline.Parties:
Identifies the cast of characters involved in the case.Procedural Posture & History:
Shares the case history with how lower courts have ruled on the matter.Case Key Terms, Acts, Doctrines, etc.:
A case specific Legal Term Dictionary.Case Doctrines, Acts, Statutes, Amendments and Treatises:
Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
Brief Facts:
A Synopsis of the Facts of the case.Rule of Law:
Identifies the Legal Principle the Court used in deciding the case.Facts:
What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case.Issue(s):
Lists the Questions of Law that are raised by the Facts of the case.Holding:
Shares the Court's answer to the legal questions raised in the issue.Concurring / Dissenting Opinions:
Includes valuable concurring or dissenting opinions and their key points.Reasoning and Analysis:
Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
Policy:
Identifies the Policy if any that has been established by the case.Court Direction:
Shares where the Court went from here for this case.