ALLSTATE INS. CO. v. BOGGS

No. 70-423.

27 Ohio St. 2d 216 (1971)

ALLSTATE INS. CO., APPELLEE, v. BOGGS, ADMX., ET AL.; INLAND MUTUAL INS. CO., APPELLANT.

Supreme Court of Ohio.

Decided July 14, 1971.


Attorney(s) appearing for the Case

Mr. Edward J. Utz and Mr. James Gustin, for appellee.

Messrs. McIntosh & McIntosh, for appellant.


O'NEILL, C. J.

The primary question raised by this cause is whether a misstatement of age by an insured in an application for an automobile liability insurance policy renders the policy void ab initio.

Statements by an insured fall into two classes — those which constitute warranties, and those which constitute representations.

The consequences of a misstatement of fact by an insured are entirely different, depending on whether the statement...

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