8th Circuit Reverses Award Of Summary Judgment To Insurer Seeking Rescission

Mealey's (September 21, 2015, 2:26 PM EDT) -- ST. LOUIS — An Eighth Circuit U.S. Court of Appeals panel on Sept. 18 overturned a federal judge in Arkansas’ ruling granting Metropolitan Property and Casualty Insurance Co.’s motion for summary judgment in a suit where the insurer is seeking rescission of a policy issued to a homeowner whose home was lost in a fire, ruling that a genuine issue of material fact exists as to whether the insured made a material misrepresentation on the policy application, which was prepared by an insurance agent and failed to state that the insured had previously submitted a claim for a fire loss (Metropolitan Property and Casualty Insurance Company v. Gerry Calvin, et al., No. 14-1606, 8th Cir.; 2015 U.S. App. LEXIS 16623)....