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PRUDENTIAL INSURANCE COMPANY OF AMER. v. WINANS

No. 3-1272A103.

308 N.E.2d 727 (1974)

PRUDENTIAL INSURANCE COMPANY OF AMERICA, Plaintiff-Appellant, v. Duane L. WINANS, Defendant-Appellee.

Court of Appeals of Indiana, Third District.

Rehearing Denied May 28, 1974.

Attorney(s) appearing for the Case

William E. Harris and Ronald L. Sowers of Torborg, Miller, Moss, Harris & Sowers, Fort Wayne, for plaintiff-appellant.

John C. Thrapp of Thrapp & Thrapp, Kendallville, Phil M. McNagny, Jr., of Gates, Gates & McNagny, Columbia City, for defendant-appellee.

HOFFMAN, Chief Judge.

This is an appeal by plaintiff-appellant The Prudential Insurance Company of America (Company) for reversal of a judgment against the Company on its amended complaint and in favor of defendant-appellee Duane L. Winans (Winans) on his counterclaim. The Company sued to rescind and cancel an insurance policy issued to Winans alleging that the application for the insurance contained certain material misrepresentations...

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