STATE AUTO. MUT. INS. CO. v. SPRAY

No. 76-1338.

547 F.2d 397 (1977)

STATE AUTOMOBILE MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Sherry SPRAY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 14, 1977.


Attorney(s) appearing for the Case

Victor W. Ewen, Louisville, Ky., for plaintiff-appellant.

Richard L. Mattox, J. Spencer Harmon, New Albany, Ind., for defendant-appellee.

Before FAIRCHILD, Chief Judge, HASTINGS, Senior Circuit Judge, and SWYGERT, Circuit Judge.


HASTINGS, Senior Circuit Judge.

We consider the question of whether an automobile insurance company should be estopped to raise the defense of material misrepresentations made by an applicant for insurance.

On April 21, 1975, plaintiff State Automobile Mutual Insurance Company (State Auto) filed a diversity complaint in the district court,1 for declaratory relief pursuant to 28 U.S.C. § 2201.2...

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