AMERICAN DIVER'S SUPPLY & MANUFACTURING CORP. v. BOLTZ

No. 72-1786.

482 F.2d 795 (1973)

AMERICAN DIVER'S SUPPLY AND MANUFACTURING CORPORATION, a Colorado Corporation, Bankrupt, Pacific Indemnity Company, Petitioner on Review-Appellee, v. Jon D. BOLTZ, Trustee, Respondent on Review-Appellant.

United States Court of Appeals, Tenth Circuit.

Decided July 9, 1973.


Attorney(s) appearing for the Case

John R. Trigg, and William J. Kirven, III, of Yegge, Hall & Evans, Denver, Colo., for petitioner on review-appellee.

Robert W. Caddes, Denver, Colo., for respondent on review-appellant.

Before SETH and HOLLOWAY, Circuit Judges, and LARAMORE, Senior Judge.


LARAMORE, Senior Judge.

Appellant seeks review of the District Court's holding that their entire fire loss insurance claim is barred by the unsuccessfully inflated, fraudulent claims of the insured's former agents. The principal issue presented herein is whether reliance is a necessary element of a policy defense based on fraud, or is the entire policy, in fact, voided when the insured attempts to present fraudulent claims which the insurance company detects...

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