![]() David Dziuban, a member and co-owner of Penokee Skiing, began running the resort around this time. Plaintiffs Penokee Skiing Company, LLC and Penokee Holding Company, LLC acquired control of Whitecap in mid-2018. owns and operates a ski resort in Upson, Wisconsin. The court will grant AXIS’s motion, deny plaintiffs’ motion, and close this case.1 UNDISPUTED FACTS Plaintiff Whitecap Mountain Recreation, Inc. AXIS’s cancellation notice was effective December 30 plaintiffs did not have coverage under the policy for the January fire. And even if it did, plaintiffs here resolutely declined to pay their premiums and ignored all efforts by their agent to reinstate or renew their policy. But the statutory right of automatic renewal does not apply to surplus lines insurers like AXIS. 600–655, protects insureds in many ways, including by specifying the manner in which policies may be cancelled and sometimes requiring notice of nonrenewal. § 631.36(4), which would extend coverage to the date of the fire. Plaintiffs contend that AXIS’s notice of cancellation was ineffective, and they are thus entitled to a statutory right of automatic renewal under Wis. AXIS notified plaintiffs that the policy would be canceled for nonpayment on Decemthe policy term expired the next day, December 21. But plaintiffs had stopped paying premiums months before the fire and declined to renew the policy. The resort had been insured by defendant AXIS Surplus Insurance Company. Plaintiffs own a ski resort that was heavily damaged by a fire in January 2019. OPINION and ORDER 20-cv-424-jdp AXIS SURPLUS INSURANCE COMPANY, Defendant. ![]() 60 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WISCONSIN WHITECAP MOUNTAIN RECREATION, INC., PENOKEE SKIING COMPANY, LLC, and PENOKEE HOLDING COMPANY, LLC, Plaintiffs, v. ![]()
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