(Download) "Continental Western Ins. Co. v. Clay" by Supreme Court of Kansas * eBook PDF Kindle ePub Free
eBook details
- Title: Continental Western Ins. Co. v. Clay
- Author : Supreme Court of Kansas
- Release Date : January 24, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The opinion of the court was delivered by This is a declaratory judgment action wherein Continental
Western Insurance Company (Continental) seeks to rescind, ab
initio, a temporary automobile liability insurance binder issued
to Mark Clay. The district court held that: (1) Clay made
fraudulent misrepresentations in his application for coverage;
(2) Continental had the right of rescission ab initio as to
[248 Kan. 890]
Clay's claim; and (3) Continental's right of rescission does not
extend to claims made by Michael D. Johnson, a passenger in the
Clay vehicle who was injured in the accident giving rise to this
litigation. Continental appeals from the district court's
judgment denying rescission as to Johnson's claim.