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CONTINENTAL CAS. v. LAW OFFICES OF MELBOURNE MILLS

Nos. 10-5813, 10-5814.

676 F.3d 534 (2012)

CONTINENTAL CASUALTY COMPANY, Plaintiff-Appellee, v. LAW OFFICES OF MELBOURNE MILLS, JR., PLLC; Melbourne Mills, Jr., (10-5813); Mildred Abbott, et al. (10-5814), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 13, 2012.

Attorney(s) appearing for the Case

ARGUED: James A. Shuffett , Lexington, Kentucky, William T. Ramsey , Neal & Harwell, PLC, Nashville, Tennessee, for Appellants. Richard A. Simpson , Wiley Rein LLP, Washington, D.C., for Appellee. ON BRIEF: James A. Shuffett , Lexington, Kentucky, William T. Ramsey , Kendra E. Samson , Neal & Harwell, PLC, Nashville, Tennessee, for Appellants. Richard A. Simpson , Wiley Rein LLP, Washington, D.C., for Appellee.

Before: SILER, CLAY, and ROGERS, Circuit Judges.

OPINION

ROGERS, Circuit Judge.

This case involves whether a malpractice liability policy is properly rescinded for incomplete responses to questions on the applicable insurance applications. After lawyer Melbourne Mills, Jr., was successfully sued for millions of dollars for legal malpractice, his ostensible malpractice insurance carrier, Continental Casualty Company, sought a judicial declaration that it was entitled to rescind Mills's insurance policy...

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