Legal Opinion · Concurrence

Vernon Fire & Casualty Insurance v. Thatcher

Indiana Supreme Court

Decided February 7, 1973No. 371A51PublishedCited by 5 opinions

1Concurrence

*56Concurring Opinion

Arterburn, C.J.

I concur in the denial of transfer in this case. However, I differ with the reasoning of the Court of Appeals. I do not think that we should construct a fictitious fraud in this case in order to support an action for damages for false representation of what was contained in an insurance policy. The policy was sold to insure property which the wording of the policy itself upon delivery excluded. Previously in a concurring opinion, State Security Life Insurance Company v. Kintner (1962), 243 Ind. 331, 185 N. E. 2d 527, I had the following to say with reference…

2Cases cited1 opinion

  1. State Security Life Insurance v. KintnerIndiana Supreme Court · 1962

3Cited by5 opinions

  1. Medtech Corp. v. Indiana Insurance Co.Indiana Court of Appeals · 1990
  2. Fed. Sec. L. Rep. P 98,227 G. L. Canfield v. Rapp & Son, Inc.Court of Appeals for the Seventh Circuit · 1981
  3. Lafayette Beverage Distributors, Inc. v. Anheuser-Busch, Inc.District Court, N.D. Indiana · 1982
  4. Millner v. MumbyIndiana Court of Appeals · 1992
  5. Wiggam v. Associates Financial Services of Indiana, Inc.Indiana Court of Appeals · 1997

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