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WASHINGTON NATIONAL INS. CO. v. DALE BENZ, INC., CONTR.

No. 7049.

94 Ariz. 204 (1963)

382 P.2d 678

WASHINGTON NATIONAL INSURANCE COMPANY, a foreign corporation, Appellant, v. DALE BENZ, INC., CONTRACTORS, an Arizona corporation, Appellee.

Supreme Court of Arizona. En Banc.

June 19, 1963.

Attorney(s) appearing for the Case

Evans, Kitchel & Jenckes, by Ralph J. Lester, Phoenix, for appellant.

Williby E. Case, Jr., Yuma, for appellee.

T.J. MAHONEY, Superior Court Judge.

The appellee, plaintiff below, brought suit to rescind three policies of insurance with the appellant-defendant insurance company, and to recover the premiums paid on these policies. Judgment was entered against the insurance company for $5,232.80 and costs, this being the full amount of the premiums paid by plaintiff on the three policies.

Rescission of the policies was based on...

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