Shields v. Nationwide Mutual Fire Insurance

WHICHARD, Judge.

I

Defendant assigns error to denial of his motions for directed verdict and judgment notwithstanding the verdict. The jury found that “plaintiff [did not] willfully conceal or misrepresent any material fact or circumstance or commit any false swearing concerning his claim under the policy of insurance issued by the defendant.” Defendant argues that the evidence establishes such misrepresentation as a matter of law, and that this issue thus should not have been submitted. We disagree.

A

The policy included the following clause:

This entire policy shall be void if, whether before or…