Robertson v. Farm Bureau Mutual Insurance

MEMORANDUM OPINION

MORRIS SHEPPARD ARNOLD, District Judge.

This is an action to recover under an insurance policy for losses occasioned by fire. The insurer defends on the ground that the policy issued to the plaintiff was voided by plaintiff's misrepresentations on his application for insurance and by his failure to occupy the insured premises. Plaintiff has filed a motion for partial summary judgment on the ground that defendant has waived those defenses or is es-topped from raising them. The motion will be denied for the reasons indicated below.

I

Plaintiff’s argument is grounded on the fact…