United States Eighth Circuit

In an action against an insurer for denying plaintiffs' claim on a homeowners insurance policy, judgment for defendant is affirmed where: 1) plaintiffs did not dispute that defendant established that the documents concerning the foreclosure on plaintiffs' property were kept in the ordinary course of a bank's conducted business; 2) the jury reasonably concluded that plaintiffs intended to mislead defendant regarding their arrearage and notice of a foreclosure; and 3) a reasonable jury could find that each of plaintiffs' misrepresentations pertained to a material fact or circumstance.

Appellate Information

• Decided 01/08/2010
• Published 01/08/2010

Judges

• COLLOTON, Circuit Judge., Before BYE, SMITH, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• David A. Hodges, Sr., Little Rock, AR, for Appellants.


• For Appellees:
  
• Theodore Sizer Cochran, Jr., John Otho Payne, Beverly Ann Rowlett, Roderick K. Runnells, Huckabay & Munson, Little Rock, AR, for Appellee.