UNSATISFIED CLAIM AND JUDGMENT FUND BOARD v. BAR HARBOR INSURANCE AGENCY, INC.

No. 13412.

422 F.2d 396 (1970)

UNSATISFIED CLAIM AND JUDGMENT FUND BOARD, Johannes Leppik and Valdek Leppik, Appellants, v. The BAR HARBOR INSURANCE AGENCY, INC., and Inland Mutual Insurance Company, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided February 19, 1970.


Attorney(s) appearing for the Case

William E. Brannan, Asst. Atty. Gen. of Maryland (Francis B. Burch, Atty. Gen. of Maryland, and Howard J. Needle, Baltimore, Md., on the brief), for appellants.

James J. Doyle, Jr., Baltimore, Md. (Sherbow, Shea & Doyle, Baltimore, Md., on the brief), for appellees.

Before SOBELOFF, WINTER and BUTZNER, Circuit Judges.


PER CURIAM:

Inland Mutual Insurance Company issued automobile liability insurance to Valdek Leppik based upon an application which contained material misrepresentations concerning the insured's driving record and cancellation of prior insurance by another company. While the insured disclosed these matters to his insurance agent, the agent did not disclose insured's full record to Inland.

Inland was apprised of these misrepresentations on July 4, 1963 and asserted...

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