Aetna Insurance v. Eisenberg

VOGEL, Circuit Judge.

The Aetna Insurance Company appeals herein from the dismissal, after hearing, of its petition for a declaratory judgment under 28 U.S.C.A. § 2201, wherein it sought to have a Furriers’ Customers Basic Policy of insurance declared void due to appellee Eisenberg’s alleged fraud in under-reporting values of property covered thereby. The District Court’s opinion is published at 188 F.Supp. 415. The action was commenced after an investigation of fire losses at Eisenberg’s establishment revealed that the latter, a furrier in Little Rock, Arkansas, had greatly understated the…