Kinlaw v. North Carolina Farm Bureau Mutual Insurance

EAGLES, Judge.

Defendant first contends that the trial court erred in denying its motion for summary judgment on the issue of whether the alleged misrepresentation in the application was material and prejudicial. Defendant argues that at the time of its motion for summary judgment, there existed no material issue of fact. Defendant’s agent, Shirley Swett, stated in her affidavit that she was familiar with the procedure utilized in completing a homeowner’s policy and that this procedure required her to obtain information on all outstanding mortgages on the property of the insured and that…