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FEDERAL KEMPER INS. CO. v. BROWN

No. 18A02-9604-CV-191.

674 N.E.2d 1030 (1997)

FEDERAL KEMPER INSURANCE COMPANY, Appellant-Plaintiff, v. Carl W. BROWN, Jackie Galloway, Virgil Robinson, and Estate of Leonard Walker, Appellees-Defendants, and Westfield Insurance Company, Intervenor.

Court of Appeals of Indiana.

Rehearing Denied March 6, 1997.

Attorney(s) appearing for the Case

Mark D. Gerth, Kightlinger & Gray, Indianapolis, for Appellant-Plaintiff.

P. Gregory Cross, Cross, Marshall, Schuck, DeWeese, Cross & Feick, Muncie, Jeffrey L. Arnold, Diane M. Frye, McClellan, McClellan & Arnold, Muncie, for Appellees-Defendants.

OPINION

ROBERTSON, Judge.

Plaintiff-Appellant Federal Kemper Insurance Company [Kemper] initiated the present lawsuit asserting that it was entitled, as a matter of law, to rescind an automobile liability policy issued to Appellee Carl W. Brown, and also to avoid liability under the policy to innocent third-party accident victims, Appellees Virgil V. Robinson and the Estate of Leonard Walker. We agree, and therefore, reverse and remand with instructions...

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