UNITED PROPERTY CASUALTY INSURANCE COMPANY v. Jeffrey Surprenant; Jill Surprenant, Defendants. (2020)

James and Tabitha Moseley appeal the district court's order granting summary judgment to United Property & Casualty Insurance Co. (“UPC”) and declaring that UPC was not obligated to provide coverage for their daughter's injury from a bite by a Bull Mastiff owned by Jeffrey and Jill Surprenant. The Moseleys challenge the district court's decision in three respects, asserting: (1) the Surprenants did not make a material misrepresentation in their application for homeowners insurance; (2) even if they did, UPC waived this misrepresentation through its agent; and (3) even if UPC did not waive this through its agent, it did so by consistently renewing the Surprenants’ insurance. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. United Prop. & Cas. Ins. Co. v. Surprenant., No. 7:17-cv-00096-FL, 2018 WL 4655728 (E.D.N.C. Sept. 27, 2018). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED

PER CURIAM:

Affirmed by unpublished per curiam opinion. Unpublished opinions are not binding precedent in this circuit.