Stewart v. Mutual of Omaha Insurance

OPINION

TAYLOR, Judge.

Wayne H. and Betty L. Stewart appeal from summary judgment permitting Mutual of Omaha Insurance Company (Mutual) to rescind three insurance policies because of alleged misrepresentations in policy applications. The primary issues on appeal are whether the applications were fraudulent within the meaning of A.R.S. § 20-1109 and whether factual disputes concerning alleged misrepresentations by the Stew-arts to Mutual’s agents preclude summary judgment. Mutual argued that the Stew-arts failed to disclose Wayne Stewart’s “mental health history”, contending that such failure to…