Wilson v. State Farm Mutual Automobile Insurance

ORDER

ORINDA D. EVANS, District Judge.

Each of the above-captioned Jones cases1 is currently before the court on motions for summary judgment filed by the insurer.2 Although each involves entirely different facts, all present a common issue, namely, how to treat — substantively and procedurally — the issue of the insured’s allegedly false signature on the insurance application. Is the matter of the allegedly false signature an element of the insured’s case? Or must the insurance company prove the validity of the insured’s signature? Where the insured is claiming that the signature is not his,…