Progressive Specialty Insurance v. Carter

Plaintiff Progressive Specialty Insurance Company (Progressive) seeks to rescind a motor vehicle liability insurance policy on the basis of material misrepresentations on the application for insurance. The trial court denied relief, and Progressive appeals. We review de novo, ORS 19.125(3), and affirm.

In the fall of 1989, defendant Barry Carter (Barry) contacted his insurance agent, Johansen, to obtain motor vehicle liability insurance for himself, his wife and his 14-year-old daughter, who was permitted to drive the family car on occasion. Because of Barry’s poor driving record, however,…