Federal Kemper Insurance v. Brown

OPINION

ROBERTSON, Judge.

Plaintiff-Appellant Federal Kemper Insurance Company [Kemper] initiated the present lawsuit asserting that it was entitled, as a matter of law, to rescind an automobile liability policy issued to Appellee Carl W. Brown, and also to avoid liability under the policy to innocent third-party accident victims, Appel-lees Virgil V. Robinson and the Estate of Leonard Walker. We agree, and therefore, reverse and remand with instructions that judgment be entered in favor of Kemper.

FACTS

The facts in the light most favorable to the appellees reveal that in March of 1992, Brown…