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LOWRY v. STATE FARM MUT. AUTO. INS. CO.

No. 86-425.

421 N.W.2d 775 (1988)

228 Neb. 171

Linda J. LOWRY, Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Appellee.

Supreme Court of Nebraska.

April 8, 1988.

Attorney(s) appearing for the Case

Robert F. Bartle and Tim O'Neill of Nelson & Harding, Lincoln, for appellant.

Patrick W. Healey of Healey, Wieland, Kluender, Atwood & Jacobs, Lincoln, for appellee.

BOSLAUGH, CAPORALE, SHANAHAN, and GRANT, JJ., and BURKHARD, District Judge.

CAPORALE, Justice.

Plaintiff-appellant, Linda J. Lowry, brought this action to recover a death benefit under a binder of automobile insurance issued by defendant-appellee, State Farm Mutual Automobile Insurance Company, to her and her deceased husband, James M. Lowry. State Farm moved for summary judgment, claiming it had rescinded the binder ab initio because in applying for the insurance, plaintiff's decedent misrepresented his driving history. Plaintiff appeals...

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