Tallent v. Safeco Insurance Co. of America

Felton, Chief Judge.

The defendant contends that the plain tiff falsely answered certain questions in the application for insurance and that such false answers amounted to material misrepresentations and that, therefore, they were not liable under the terms of the binder and policy. One particular question relied on by the defendant was that of whether the plaintiff had ever been refused any insurance or had insurance coverage canceled. It contends that the plaintiff answered this question in the negative knowing full well that the answer was false.

The defendant’s agent testified that she…