Commercial Standard Insurance v. Farmers Alliance Mutual Insurance

WILBUR K. MILLER, Senior Circuit Judge:

This litigation was precipitated by a dog bite. In the main, it is a contest between two insurance companies, each denying liability for the damage done by the dog, and each asserting the other is liable therefor. One company contends its policy had been cancelled by the insured prior to the dog bite incident and so was not then in effect, and the other claims its policy was void ad initio because it was obtained by fraudulent misrepresentation on the part of the insured.

We summarize the salient facts. On April 17, 1966, a dog owned by Francis J.…