Bankers Life & Casualty Company v. Nomie M. Namie

GEWIN, Circuit Judge.

This is an appeal from a summary judgment in favor of Nomie M. Namie (appellee-defendant) which resulted in the dismissal of the complaint of Bankers Life & Casualty Company (appellant-plaintiff). The complaint sought a declaratory judgment on the issue of whether a certain accident insurance policy issued by plaintiff to defendant should be rescinded and held null and void because of alleged material misrepresentations made by the defendant in his application for the policy. 1 Jurisdiction was based on diversity of citizenship and an alleged maximum exposure to liability…