AUTOMOBILE UNDERWRITERS v. TITE

No. 17,847.

119 Ind. App. 251 (1949)

85 N.E.2d 365

AUTOMOBILE UNDERWRITERS, INC. v. TITE ET AL.

Court of Appeals of Indiana.

Filed April 28, 1949.


Attorney(s) appearing for the Case

Fenton, Steers, Beasley & Klee, of Indianapolis, and Waller, McGinnis & Merrill, of Evansville, for appellant.

Morton W. Newman, Jerome L. Salm and Isadore Newman, all of Evansville, for appellees.


DRAPER, J.

This is an action brought by the appellee Tite, to recover on a policy of automobile insurance issued to him by the appellant, which policy covered loss suffered by reason of collision.

The company defended on the ground that Tite stated in his application for insurance that the automobile was titled in the name of the owner; the policy was issued in reliance upon the application; and the policy contained a warranty that Tite was the sole owner...

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