Martell v. Klingman

1. Policy defense. Klingman applied to National Indemnity Company for collision and liability insurance on March 15, 1958. He signed an application form in which the insurance agent wrote the information in the spaces provided. One of the spaces in the form was designated : “Describe all driving violations or convictions below” and in that space, the agent wrote “None.” In fact, in May, 1952, Klingman had been fined $8.95 for speeding, apparently in violation of a city ordinance, and in August, 1952, had been fined $13 for reckless driving in violation of a county ordinance. The agent did not…