Kubeck v. Consolidated Underwriters

Plaintiff brought this action to recover under the theft loss provision of his automobile insurance policy issued by defendant. Defendant’s answer alleged that the policy had been issued in reliance on plaintiff’s material misrepresentation that the car .in question was a standard 1969 Ford Fairlane. In fact, the automobile was a high performance 1969 Ford Fair-lane Cobra which defendant contended' it would not have-'insured'had-it known the :trne facts.. The court sitting without a jury granted judgment for defendant, and plaintiff appeals.

The two assignments of error question the…