AMERICAN MUTUAL INSURANCE COMPANY OF BOSTON v. SELECTED RISKS INSURANCE COMPANY

No. 13700.

424 F.2d 553 (1970)

AMERICAN MUTUAL INSURANCE COMPANY OF BOSTON, and Warayne B. Denney, Appellants, v. SELECTED RISKS INSURANCE COMPANY, a corporation, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided May 12, 1970.


Attorney(s) appearing for the Case

Darryl L. Wyland, Washington, D. C. (Dennis D. Duffy, Fairfax, Va., on the brief), for appellants.

John C. Duncan, III, Washington, D. C. (John A. Beck, Washington, D. C., on the brief), for appellee.

Before BOREMAN, BRYAN and WINTER, Circuit Judges.


PER CURIAM:

The controversy here revolves around the cancellation of an automobile liability insurance policy because of an alleged material misrepresentation of fact in the application of Warayne B. Denney for the policy issued to him by Selected Risks Insurance Company.

The district court found that there was a misrepresentation of fact in the application, that the misrepresentation was material, that it was knowingly made, and that Selected Risks had not...

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