AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, Appellee, v. RANDY FORSYTHE; MICHAEL McCORMICK; WAYNE SCOTT MILLER; SHIRLEY ANN NICHOLS; PEGGY PAGE; DENNIS C. SMITH; JAMIE LYNN SMITH, by and through her guardian and conservator DENNIS C. SMITH; LEONARD FREESE, Appellees, STATE FARM INSURANCE; CAMERON MUTUAL INSURANCE COMPANY, Appellants, 915 F.2d 1212

Summary

A car insured by the insurance company was used by the insured in an accident that killed the decedents. The decedents' insurance company sought a declaratory judgment that it was not liable for the accident. The Insurance company for the negligent driver filed a cross claim seeking a declaration that no uninsured motorist coverage was available. The district court declared that the insurance company's policy for the car driven by the negligent driver was void because of misrepresentations by the insured, the decedent granddaughter was insured because she was a resident in the policyholders' household, and stacking was available under the decedents' policy. The district court entered a declaratory judgment stating that coverage existed under the decedents' policy. The decedents' insurance company appealed. On appeal, the court held that: (1) the insurance company's policy for the car driven by negligent driver was void, (2) the decedent granddaughter was insured because she was a ...