RESERVE INSURANCE COMPANY v. AGUILERA

No. 36374.

150 N.W.2d 114 (1967)

181 Neb. 605

RESERVE INSURANCE COMPANY, Appellee, v. Alex AGUILERA, Appellee, Impleaded with the First National Bank of Omaha, Appellant, Elizabeth Boskind, Intervenor-Appellant.

Supreme Court of Nebraska.

April 14, 1967.


Attorney(s) appearing for the Case

Gaines, Spittler, Neely, Otis & Moore, Omaha, for appellant.

Eisenstatt, Morrison, Higgins, Miller, Kinnamon & Morrison, Omaha, for Reserve Ins. Co.

Levin & Gitnick, Omaha, for Aguilera.

Shrout, Hanley, Nestle & Caporale, Omaha, for Boskind, intervenor-appellant.

Heard before WHITE, C. J., and CARTER, SPENCER, BOSLAUGH, SMITH, McCOWN, and NEWTON, JJ.


McCOWN, Justice.

This is an action by plaintiff Reserve Insurance Company for a declaratory judgment seeking to void an automobile insurance policy ab initio on the ground that the policy was obtained by fraud, misrepresentation, and concealment of facts in the application for the policy. The defendant, Alex Aguilera, was the applicant and named insured; the defendant, First National Bank of Omaha, was a loss payee; and the intervener, Elizabeth Boskind, was the widow...

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