Marsh v. Northland Insurance

The insured appeals from an order setting aside on the ground of fraud a judgment he obtained against his insurance company.

After the insured vehicle was determined to be a total loss, a dispute arose between Marsh, the owner-insured, and Northland, the insurance company, about the value of the vehicle before the collision.

The insured filed suit against the insurance company, seeking judgment for $6,435 principal plus penalties and attorney fees. Thereafter, and before the time for the filing of defensive pleadings, the insurance company sent by mail to the insured’s attorney a draft for…