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STATE FARM FIRE AND CASUALTY COMPANY v. SEVIER

537 P.2d 88 (1975)

STATE FARM FIRE AND CASUALTY COMPANY, Appellant, v. Kenneth SEVIER et al., Respondents.

Supreme Court of Oregon, In Banc.

Decided June 12, 1975.

Attorney(s) appearing for the Case

Robert H. Grant of Grant & Ferguson, Medford, argued the cause and filed the briefs for appellant.

James L. Sutherland, Medford, argued the cause for respondents Sutton and Mutual of Enumclaw Ins. Co. With him on the brief were Frohnmayer & Deatherage, Medford.

TONGUE, Justice.

This is an action by an insurance company for a declaratory judgment that it had "validly rescinded" a policy of automobile liability insurance because of misrepresentations by the insured in his application for the policy. The named defendants included not only the insured, but also the personal representative of a person killed in a subsequent accident with the insured before the policy was rescinded.1 The case was tried...

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