Max Saewitz v. Lexington Insurance Co.

Lexington Insurance Company (Lexington) appeals several rulings of the district court in favor of Max and Lynn Saewitz, homeowners who submitted to Lexington a claim for extensive damage caused by a leak from the commercial-grade refrigerator on the second floor of the Saewitzes’ home. This appeal presents four issues (1) whether the partial payment of the Saewitzes’ claim by Lexington constituted an admission of coverage for that amount; (2) whether the district court correctly refused to allow Lexington to amend its pleadings and assert an affirmative defense of fraud and concealment more…