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STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY v. LEE

No. 21560.

343 F.2d 55 (1965)

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellant, v. Homer H. LEE, Brook J. Jones and J. Fred Jones, her husband, Appellees. Brook J. JONES and J. Fred Jones, her husband, Appellants, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

March 16, 1965.

Attorney(s) appearing for the Case

Marion R. Shepard, Raymond Ehrlich, Mathews, Osborne & Ehrlich, Jacksonville, Fla., for appellant.

Dean Boggs, Jacksonville, Fla., W. H. Wilson, Jr., Milo I. Thomas, Jr., Lake City, Fla., Boggs, Blalock & Holbrook, Jacksonville, Fla., for appellees.

Before TUTTLE, Chief Judge, RIVES, Circuit Judge, and DYER, District Judge.

DYER, District Judge:

In this appeal, we are called upon to decide whether an insurer is precluded from rescinding a liability policy for a false and fraudulent representation, material to the risk, knowingly made in an application which was not attached to or made a part of the policy, because of the so-called integration clause and statements contained in the policy. The district court held against the insurer. We disagree and reverse.

Plaintiff State Farm...

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