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NATIONAL INS. ASS'N v. PEACH

No. 95-CA-1106-MR.

926 S.W.2d 859 (1996)

NATIONAL INSURANCE ASSOCIATION, Appellant, v. Michael PEACH and Gayla Peach, Co-Administrators of Estate of Kenneth Ray Peach; Danny Ray Brown; and Kevin Mark Brown, Appellees.

Court of Appeals of Kentucky.

August 9, 1996.

Attorney(s) appearing for the Case

Charles E. English, Jr., Robert A. Young, Bowling Green, for Appellant.

Ilam E. Smith, Louisville, for Appellees Michael Peach and Gayla Peach, Co-Administrators of the Estate of Kenneth Ray Peach.

Before WILHOIT, C.J., and COMBS and HUDDLESTON, JJ.

OPINION

COMBS, Judge.

National Insurance Association appeals from an order of the Jefferson Circuit Court granting summary judgment in favor of Michael Peach and Gayla Peach, in their capacity as co-administrators of the estate of Kenneth Ray Peach. The court determined that, as to innocent third parties, the insurer could not rescind an automobile liability policy that it alleged to have been procured by the fraud of its insured. As a result, the...

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