NAPPIER v. ALLSTATE INS. CO.

No. 91-8521.

961 F.2d 168 (1992)

Billy H. NAPPIER, Mary J. Nappier, Plaintiffs-Counter-Defendants-Appellants, v. ALLSTATE INSURANCE COMPANY, Defendant-Counter-Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

May 13, 1992.


Attorney(s) appearing for the Case

John R. Gaughen, Atlanta, Ga., for plaintiffs-counterdefendants-appellants.

Dennis J. Webb and Marvin D. Dikeman, Webb, Carlock, Copelant, Semler & Stair, Atlanta, Ga., for defendant-counterclaimant-appellee.

Before HATCHETT and DUBINA, Circuit Judges, and GODBOLD, Senior Circuit Judge.


GODBOLD, Senior Circuit Judge:

This appeal arises in a breach of contract action brought by homeowners refused payment by their insurance company when their house was destroyed by fire. The insurance company asserts as a complete defense that the homeowners' policy was void ab initio because the plaintiffs materially misrepresented facts in procuring insurance coverage.

The issue presented is whether the district court erred in granting summary judgment...

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