Allstate Insurance v. Baileys

WEICK, District Judge.

Plaintiff and defendant Faye E. Smith, individually, as Administratrix and as mother and natural guardian have moved for summary judgment.

Plaintiff’s motion for summary judgment seeks to have the Court rescind and cancel a policy of automobile liability insurance, after a loss had occurred, and declare that it is void ab initio because of false answers claimed to have been given by the insured to questions in the application for the policy. The answers were to the effect that no previous insurance on the automobile had ever been cancelled.

The motion of defendant, Faye E.…