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ALLSTATE INSURANCE COMPANY v. BAILEYS

Civ. A. No. 34475.

192 F.Supp. 595 (1958)

ALLSTATE INSURANCE COMPANY, a corporation, Plaintiff, v. Fitzhugh L. BAILEYS, Faye E. Smith, Individually, as Administratrix of the Estate of John H. Smith, deceased; and as mother and natural guardian of John H. Smith, Jr., a minor, Edward Smith, a minor, James Smith, a minor, Timothy Smith, a minor, and George Smith, a minor et al., Defendants.

United States District Court N. D. Ohio, E. D.

December 4, 1958.

Attorney(s) appearing for the Case

Michael R. Gallagher, of Hauxhurst, Inglis, Sharp & Cull, Cleveland, Ohio, Wise, Roetzel, Maxon, Kelly & Andress, Akron, Ohio, for plaintiff.

George Hargreaves, of Hargreaves & Fanelly, Akron, Ohio, for Fitzhugh L. Baileys.

L. Anthony Lombardi and Charles F. Scanlon, of McGowan, Scanlon and Lombardi, Akron, Ohio, for Faye E. Smith.

Charles W. Kitchen, of Kitchen & Messner, Cleveland, Ohio, for Buckeye Union Casualty Co.

WEICK, District Judge.

Plaintiff and defendant Faye E. Smith, individually, as Administratrix and as mother and natural guardian have moved for summary judgment.

Plaintiff's motion for summary judgment seeks to have the Court rescind and cancel a policy of automobile liability insurance, after a loss had occurred, and declare that it is void ab initio because of false answers claimed to have been given by the insured to questions in the application for the...

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