Loyd v. Farmers Mutual Fire Insurance Co.

OPINION

TODD, Presiding Judge.

The Trial Court and this Court granted permission for appeal by the defendant from an order of the Trial Court overruling defendant’s motion for summary judgment.

This is a suit against an insurer for a fire loss. It is admitted that the policy was in force at the time of the loss. The defense is that the plaintiff made a material misrepresentation in the application for insurance. It is uncontroverted that the application, signed by plaintiff on July 9, 1989, contained the following information:

6. Losses which have occurred during last 7 years to applicant (sic)…