Seaton v. National Grange Mutual Insurance Co.

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FRANKS, Judge.

Plaintiff’s action to recover the value of his stolen automobile from his insurance company was dismissed by the trial judge on the basis that plaintiff’s misrepresentations, made at the time of obtaining the policy, “increased the risk of loss.”1

The jury empaneled to establish the facts, responding to interrogatories, answered the insured had made misrepresentations about his driving record but the misrepresentation was not made with the intent to deceive.

Plaintiff’s application for insurance, signed and dated December 1, 1984, under “Violations and Chargeable…