STATE INS. FUND v. ASARCO INC.

No. 73450.

782 P.2d 113 (1989)

The STATE INSURANCE FUND OF the State of Oklahoma, Plaintiff, v. ASARCO INCORPORATED, d/b/a Federated Metals Corporation, Defendant.

Supreme Court of Oklahoma.

October 17, 1989.


Attorney(s) appearing for the Case

Dale F. McDaniel, Tulsa, for plaintiff.

James L. Kincaid, Grace F. Renbarger, David E. Strecker, Tulsa, for defendant.


KAUGER, Justice.

The State Insurance Fund of the State of Oklahoma (Insurance Fund) filed suit in federal district court seeking recission and reimbursement under a workers' compensation insurance policy issued to the defendant, Asarco Incorporated, d/b/a Federated Metals Corporation (Federated Metals). The Fund asserted that there had been fraud in the inducement of the policy, or, in the alternative, a mutual mistake of fact.1 Questions...

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