Court reviews an insurance company's refusal to pay proceeds based on misrepresentations made in the initial application for coverage

EDWARD G. ROCHELLE v. GRANGE MUTUAL CASUALTY COMPANY, ET AL. (Tenn. Ct. App. August 1, 2012)

This appeal results from the grant of summary judgment in favor of Appellee insurance company. Appellee denied Appellant’s claim for fire loss on the ground that Appellant made material misrepresentations in the application for insurance. The trial court determined that Appellant took contradictory positions in his examination under oath and in his discovery deposition on the question of whether his application for insurance was completed when he signed it, or whether he signed it in blank before it was completed by the insurance agent.

The trial court determined that Appellant’s inconsistent statements were not effective to create a dispute of material fact for purposes of summary judgment. We conclude that the motion for summary judgment was improperly granted. Reversed and remanded.

Opinion available at:
https://www.tba.org/sites/default/files/rochellee_080112.pdf