Richard Seider and Jean Seider, Plaintiffs-Appellants v. Connie O'Connell

Summary

The Wisconsin Supreme Court held that the insurance commissioner’s rule excluding property used for nonincidental commercial purposes from the valued policy law exceeded the agency’s statutory authority. The court determined that the statute unambiguously covered the Seiders’ building because they owned and continuously occupied it as their residence, notwithstanding its restaurant use, and therefore the rule conflicted with the statute. The court affirmed the court of appeals and remanded for entry of a declaratory judgment invalidating the rule. Justice Wilcox, joined by Justice Crooks, dissented, concluding that the rule was a reasonable and longstanding interpretation of the statute.