Van Horn v. Atlantic Mutual Insurance

I do not agree that the legislature abrogated the common law right to rescind an insurance policy procured by fraud when it enacted compulsory insurance provisions.

I

Van Horn applied for automobile liability insurance with Atlantic in October, 1984. The written application he signed was marked “No” in response to the question “Has any driver above ... a physical impairment?” At the time, Van Horn was under the active care of a physician for epilepsy that had begun in 1982. The evidence demonstrated that in April and June of 1988, and in February of 1984, he had suffered grand mal seizures,…