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PREFERRED RISK MUTUAL INSURANCE CO. v. ANDERSON

No. 40236.

152 N.W.2d 476 (1967)

PREFERRED RISK MUTUAL INSURANCE CO., Appellant, v. Harvey ANDERSON et al., Respondents.

Supreme Court of Minnesota.

August 4, 1967.

Attorney(s) appearing for the Case

Karlins, Grossman, Karlins & Siegel, and Thomas V. Firth, Minneapolis, for appellant.

James A. Fridland, Minneapolis, for Anderson.

Chester G. W. Gustafson, Minneapolis, for Fall.

Robert E. Zeck, Carroll, Cronan, Roth & Austin, King, MacGregor & Lommen, and Maurice H. Rieke, Nemerov, Perl & Hunegs, Minneapolis, for Gregorson.

OPINION

ROGOSHESKE, Justice.

On November 18, 1964, the Preferred Risk Mutual Insurance Company instituted a declaratory judgment action to have an auto insurance policy, issued to defendant Rev. Harvey Anderson in July 1962, rescinded because of alleged misrepresentations in the application for the policy. After a trial by the court, judgment dismissing the complaint was entered. This appeal is from that judgment.

The action was based upon Minn.St...

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