STATE FARM FIRE & CAS. INS. CO. v. GRAHAM

No. 61A01-8811-CV-366.

543 N.E.2d 676 (1989)

STATE FARM FIRE & Casualty Insurance Company Appellant (Defendant below), v. Robert J. GRAHAM and Carrie Graham Appellees (Plaintiffs below).

Court of Appeals of Indiana, First District.

September 20, 1989.


Attorney(s) appearing for the Case

Michael V. Gooch, John S. Beeman, Timothy J. Hulett, Harrison & Moberly, Indianapolis, for appellant.

Luther G. Johnson, Keith L. Johnson, Mann Chaney Johnson, Goodwin & Williams, Terre Haute, for appellees.


ROBERTSON, Judge.

The controversy in this appeal is whether, in an action on a policy of insurance, an insurance company may avoid payment of loss by establishing an attempt to deceive by false swearing or misrepresentation by the insured in connection with a loss without any showing that the insurance company actually relied upon the false representation to its detriment.1 The trial court in...

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