Lively v. Southern Heritage Insurance

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that materiality was not established where underwriter’s affidavit contained only blanket statements that underwriter would not have issued policy had misrepresentations been known to him
• reversing grant of summary judgment to insurer based upon genuine issues of material fact as to whether insurer waived defense that policy was void by failing to take such position until one year after learning of misrepresentations in application
• return of premiums not necessary to assert defense that an insurance contract is void due to fraud in the inducement
• insureds submitted expert affidavit that directly controverted that of insurance company’s underwriter, thus creating an issue of fact

Source: CourtListener parenthetical corpus (CC0).