De Smet Farm Mutual Insurance Co. of South Dakota v. Busskohl

SEVERSON, Justice.

[¶ 1.] De Smet Farm Mutual Insurance Company of South Dakota (De Smet) initiated this action, claiming that it lawfully rescinded an insurance contract with David Busskohl because Busskohl made a material misrepresentation on his application for homeowner’s insurance. De Smet also sought recovery of all monies it paid to Busskohl. De Smet moved for summary judgment. The circuit court granted De Smet’s motion, determining, as a matter of law, that Busskohl made a misrepresentation on his homeowner’s insurance application and that the misrepresentation was material. Busskohl…