Russell v. Royal MacCabees Life Insurance

OPINION

PATTERSON, Judge.

¶ 1 Stephen T. Russell (appellant) appeals from summary judgment permitting Royal Maccabees Life Insurance Company (Royal) to rescind appellant’s disability insurance policy because of an alleged misrepresentation in the policy application. Finding a genuine issue of material fact, we reverse and remand.

I. FACTS AND PROCEDURAL HISTORY

¶ 2 We state the facts in a light most favorable to appellant. Griffith v. Faltz, 162 Ariz. 599, 599, 785 P.2d 119, 119 (App.1990). In July 1980, appellant was arrested and charged with felony insurance fraud and felony theft. As a result…