· 9/8/2014
Richard Rose v. State Farm Fire & Cas.Co.
Citations
- 766 F.3d 532
- 2014 FED App. 0226P
- 2014 U.S. App. LEXIS 17312
- 2014 WL 4401166
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding “that a jury should determine whether [the insured] intentionally made a material misrepresentation” to the insurer after a fire burned down his home
- determining “that a jury should determine whether [the plaintiff] intentionally made a material misrepresentation” to the insurer after a fire burned down his home
- “Rose’s financial situation is undoubtedly a material issue here because it provides a potential motive for him to commit arson and collect on his loss.”
- “[A]n appellant [generally] abandons all issues not raised and argued in its initial brief on appeal . . . .” (quoting United States v. Johnson, 440 F.3d 832, 845–46 (6th Cir. 2006))
- “In order for [the insurance company] to validly invoke the concealment provision voiding the insurance contract, the insured must have intentionally concealed or misrepresented a material fact; false statements alone are not enough.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Siler, Gilman, Gibbons
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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