Legal Opinion
American Indemnity Co. v. Elespuru
District Court, D. Montana
Decided August 14, 1969No. Civ. No. 2799PublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER
RUSSELL E. SMITH, Chief Judge.
Plaintiff seeks a declaration of rights.
In separate findings the Court has found that an agent of the plaintiff, on March 15, 1967 made an oral binder insuring an automobile. A premium was paid and an application taken. The application contained non-fraudulent mis*879statements as to the driving history of one insured which were material to the acceptance of the risk and to the hazard assumed by the plaintiff. The agent of the insurer would not have bound the coverage had the true facts been stated. When plaintiff discovered the true facts it refused…
2Cases cited8 opinions
- Pelican v. Mutual Life InsuranceMontana Supreme Court · 1911
- Omer M. Harris v. State Farm Mutual Automobile Insurance CompanyCourt of Appeals for the Sixth Circuit · 1956
- Montana Auto Finance Corp. v. Federal Surety Co.Montana Supreme Court · 1929
- Hamberg v. Mutual Life Insurance Co. of New YorkAppellate Court of Illinois · 1944
- Jessen v. Aetna Life Ins. CoCourt of Appeals for the Seventh Circuit · 1954
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- ALPS Prop. & Cas. Ins. Co. v. McLean & McLean, PLLPMontana Supreme Court · 2018