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NATIONWIDE GEN. INS. CO. v. EMPLOYERS MUT. CAS. CO., IOWA

Civ. A. No. 70-891.

355 F.Supp. 600 (1973)

NATIONWIDE GENERAL INSURANCE COMPANY, a corporation, and Nationwide Mutual Insurance Company, a corporation, Plaintiffs, v. EMPLOYERS MUTUAL CASUALTY COMPANY OF DES MOINES, IOWA, a corporation, Defendant.

United States District Court, W. D. Pennsylvania.

March 20, 1973.

Attorney(s) appearing for the Case

Cosmos J. Reale, Murovich, Reale & Fossee, Pittsburgh, Pa., for plaintiffs.

Daniel Snyder, Costello, Snyder, Berk & Horner, Greensburg, Pa., for defendant.

OPINION

DUMBAULD, District Judge.

Plaintiffs (Nationwide) insured the Kalps, who collected approximately $32,500 from Nationwide on the "uninsured motorist" provision of their policy. They were the non-negligent victims of a collision with one Beckner, who carried a liability policy with defendant (Employers). Employers disclaimed liability on the ground that Beckner had falsely denied a history of prior policy cancellations in executing the application...

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