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Lively v. Southern Heritage Ins. Co.

Defendant was not entitled to summary judgment in the plaintiffs' coverage suit, even though they misrepresented certain facts in their insurance application, because an issue of fact remained as to whether plaintiffs' misrepresentations were material from the view of a prudent insurer.

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James and Jeanette Lively appeal from the trial court’s grant of summary judgment to Southern Heritage Insurance Company on their claim that Southern Heritage failed to pay benefits arising from the loss of their home due to fire.

James Lively purchased insurance from Southern Heritage for his and his wife’s home and automobiles. The application form for the homeowner’s insurance dated March 21, 1994 includes the question, “Has any insurance been declined, canceled or non-renewed last 3 years” Lively’s completed application reflects a negative answer in response to that question. The application also indicates that the Livelys had no prior insurance policy on their home and no prior loss history. But, in fact, the Livelys had been refused a renewal of their homeowner’s insurance by Allstate Insurance Company due to a fire that resulted in the total destruction of their home in January 1993. And the Livelys had an earlier total fire loss on their home in 1980.

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