Oglesbee v. National Security Fire & Casualty Co.

MEMORANDUM OPINION AND ORDER

WINGATE, District Judge.

Before this court is the motion of defendant National Security Fire and Casualty Company for summary judgment pursuant to Rule 56(c), Federal Rules of Civil Procedure. 1 The interrogatory here is whether National Security Fire and Casualty Company (hereinafter “National”) may rescind its policy with its insured, the plaintiff, on the grounds: (1) that plaintiff misrepresented a material matter on the insurance application; and (2) that plaintiff accepted and negotiated National’s check for refund of premiums, said check having been sent to…