Billy H. Nappier, Mary J. Nappier, Plaintiffs-Counter-Defendants-Appellants v. Allstate Insurance Company, Defendant-Counter-Claimant-Appellee

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 to defendant Allstate on the ground that plaintiffs, the Nappiers, failed to overcome Allstate’s evidence showing that there was no genuine…