United States Eighth Circuit

In an insurer's declaratory judgment action against defendant seeking a declaration that its property insurance policy afforded no coverage for fire damage to her house and personal property, judgment as a matter of law for insurer is affirmed as: 1) no rational jury would be able to reconcile the difference between insured's stated personal property in a bankruptcy and in an insurance claim less than one year later; and 2) the only reasonable inference on the evidentiary record was that insured made a material misrepresentation in submitting her claim, thus voiding her coverage.

Appellate Information

• Decided 05/23/2007
• Published 05/23/2007

Judges

• SMITH, Circuit Judge., Before MELLOY, SMITH, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert G. Pennell, argued, Clayton, MO, for appellant.


• For Appellees:
  
• Robert L. Brady, argued, St. Louis, MO (T. Michael Ward, on the brief), for appellee.