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NEW YORK UNDERWRITERS INSURANCE CO., INC. v. FRIEDLAND

No. 25554.

439 F.2d 350 (1971)

NEW YORK UNDERWRITERS INSURANCE CO., Inc., Plaintiff-Appellee, v. Arthur E. FRIEDLAND, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

March 8, 1971.

Attorney(s) appearing for the Case

Wiener, Goldwater & Galatz, Las Vegas, Nev., for appellant.

Singleton, Beckley, Delanoy, Jemison & Reid, Las Vegas, Nev., Augustus Castro, John D. Hoffman, San Francisco, Cal., for appellee.

Before HAMLEY, DUNIWAY and KILKENNY, Circuit Judges.

PER CURIAM:

Friedland appeals from a declaratory judgment that Underwriters is not obligated to pay Friedland's claim under an insurance policy issued by Underwriters. This is a diversity case and Nevada law applies. Friedland argues that proof of a misrepresentation made before issuance of the formal policy but after issuance of a binder contract should have been excluded under the parol evidence rule. The proof did not alter or vary the terms of the insurance policy...

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