(DOWNLOAD) "Allstate Insurance Company v. Nelson" by United States Court of Appeals for the Ninth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Allstate Insurance Company v. Nelson
- Author : United States Court of Appeals for the Ninth Circuit
- Release Date : January 02, 1969
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
MADDEN, Judge: The plaintiff Allstate brought this suit in the United States District Court for Arizona, which court had jurisdiction because of the diversity of citizenship of the parties, and the amount in controversy. The suit sought a declaratory judgment to the effect that a certain liability insurance policy which Allstate had issued to a Mrs. Gutierrez, was invalid because Mrs. Gutierrez had obtained the policy from Allstate by false and fraudulent representations which were material to Allstate in inducing it to issue the policy. The policy covered liability to third persons which liability Mrs. Gutierrez might be subjected to in connection with the driving of a certain automobile by herself or by other persons with her permission. While the automobile was being driven, with Mrs. Gutierrez' permission, by one Lombardo, it struck the infant son of the appellees, Mr. and Mrs. Dorr and inflicted injuries which resulted in the son's death. Thereafter Mr. Dorr, as the father of his deceased son, brought a suit against Mrs. Gutierrez and Lombardo, and obtained a judgment against them for $20,000.00. By appropriate proceedings in the nature of garnishment, Mr. Dorr would have been able, assuming the validity of Allstate's liability policy, to collect from Allstate, up to the limits of its policy, and with appropriate adjustment for other liability insurance which Lombardo had with Safeco, another insurance company, his judgment against Mrs. Gutierrez and Lombardo. There is no issue in this case as to the fact of Mrs. Gutierrez' misrepresentations to Allstate, or as to their sufficiency to enable Allstate to cancel her policy in proper circumstances. The Dorrs made a motion for summary judgment against Allstate, dismissing Allstate's complaint. In acting upon this motion, the court was required to take the allegations of Allstate's complaint as to Mrs. Gutierrez' false representations, the allegations being supported by affidavits, as true. The court granted the motion of the Dorrs.