Lively v. Southern Heritage Insurance

Pope, Presiding Judge.

James and Jeanette Lively appeal from the trial court’s grant of summary judgment to Southern Heritage Insurance Company on their claim that Southern Heritage failed to pay benefits arising from the loss of their home due to fire.

James Lively purchased insurance from Southern Heritage for his and his wife’s home and automobiles. The application form for the homeowner’s insurance dated March 21, 1994, includes the question, “Has any insurance been declined, canceled or non-renewed (last 3 years)?” Lively’s completed application reflects a negative answer in response to…