Neidenbach v. Amica Mutual Insurance Co., No. 16-1400 (8th Cir. 2016)
Annotate this CasePlaintiffs contend that their insurance policy from Amica covered damage caused by a fire to their house and personal property. On appeal, plaintiffs challenge the district court's grant of summary judgment for Amica. The district court concluded that no reasonable jury would be able to reconcile the difference between the value of the personal property plaintiffs reported as lost in the fire and the value of personal property they reported in their bankruptcy petition a year earlier. Therefore, the district court determined that the insurance policy was void as a matter of law, and granted summary judgment to Amica on plaintiffs' claims. The court affirmed, concluding, as a matter of law, that because plaintiffs intentionally made material misrepresentations on the Proof of Loss, their entire insurance policy is void under the Concealment of Fraud provision.
Court Description: Kelly, Author, with Wollman and Bright, Circuit Judges] Civil case - Insurance. The district court did not err in determining that the personal property coverage in plaintiff's homeowner's policy was void under the policy's "Concealment of Fraud" provision because the plaintiffs intentionally misrepresented the value of their personal property in their proof of loss; the misrepresentation voided the entire policy, including the portions covering loss of their dwelling. Judge Bright, concurring in part and dissenting in part.
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