State Insurance Fund of Oklahoma v. Asarco Inc.

KAUGER, Justice.

The State Insurance Fund of the State of Oklahoma (Insurance Fund) filed suit in federal district court seeking recission and reimbursement under a workers’ compensation insurance policy issued to the defendant, Asarco Incorporated, d/b/a Federated Metals Corporation (Federated Metals). The Fund asserted that there had been fraud in the inducement of the policy, or, in the alternative, a mutual mistake of fact. 1 Questions dispositive of litigation pending in the United States District Court for the Northern District of Oklahoma were certified to this Court on June 14, 1989,…