American Casualty Co. v. Ford

Marvel, Vice Chancellor:

Plaintiff, an insurance company, complains in a first cause of action that it was induced to issue to plaintiff and thereafter to maintain in force an accident and health policy as a result of “ * * * fraudulent misrepresentations and fraudulent conduct * * * ” on the part of defendant. Plaintiff also alleges in its first cause of action that said “ * * * misrepresentation and conduct were intentional, conscious, and material to the risk assumed by the plaintiff * * * .” Plaintiff prays accordingly that said policy be rescinded and the parties restored to the status…