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Brawner v. Allstate Indem. Co., No. 08-3544

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By FindLaw Staff on January 10, 2010 2:25 PM

In an action against an insurer for denying plaintiffs' claim on a homeowners insurance policy, judgment for defendant is affirmed where: 1) plaintiffs did not dispute that defendant established that the documents concerning the foreclosure on plaintiffs' property were kept in the ordinary course of a bank's conducted business; 2) the jury reasonably concluded that plaintiffs intended to mislead defendant regarding their arrearage and notice of a foreclosure; and 3) a reasonable jury could find that each of plaintiffs' misrepresentations pertained to a material fact or circumstance.

Read Brawner v. Allstate Indem. Co., No. 08-3544

Appellate Information

Submitted: September 21, 2009

Filed: January 8, 2010

Judges

Opinion by Judge Colloton

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