Nationwide Real Estate Investment, LLC v. Certain Underwriters at Lloyd's, London

Justia Dockets & Filings Eleventh Circuit Georgia Northern District Nationwide Real Estate Investment, LLC v. Certain Underwriters at Lloyd's, London

Nationwide Real Estate Investment, LLC v. Certain Underwriters at Lloyd's, London

Plaintiff:	Nationwide Real Estate Investment, LLC
Defendant:	Certain Underwriters at Lloyd's, London
Case Number:	1:2013cv01040
Filed:	March 29, 2013
Court:	US District Court for the Northern District of Georgia
County:	Fayette
Presiding Judge:	Richard W. Story
Nature of Suit:	Insurance

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Date Filed	Document Text
January 8, 2015	Filing 60 ORDER denying Plaintiff's 43 Motion for Summary Judgment. The Court cannot conclude that the Policy was bound on April 5, 2011 at 12:01 a.m. and finds that Plaintiff made misrepresentations in its Vacant Dwelling Application. However, Defenda nt is not entitled to summary judgment that rescission is proper under O.C.G.A. §33-24-7(b), because it failed to show that any misrepresentation was material to Defendant's acceptance of the risk. As such, Defendant's Motion for Summ ary Judgment 44 is also DENIED. Finally, Defendant's Motion to Strike Paragraph of Affidavit of Elzie D. Speir 52 is DENIED. The parties shall submit a proposed consolidated pretrial order within 30 days of the entry of this Order. Signed by Judge Richard W. Story on 1/8/2015. (cem)

Date Filed

Document Text

January 8, 2015

Filing 60 ORDER denying Plaintiff's 43 Motion for Summary Judgment. The Court cannot conclude that the Policy was bound on April 5, 2011 at 12:01 a.m. and finds that Plaintiff made misrepresentations in its Vacant Dwelling Application. However, Defenda nt is not entitled to summary judgment that rescission is proper under O.C.G.A. §33-24-7(b), because it failed to show that any misrepresentation was material to Defendant's acceptance of the risk. As such, Defendant's Motion for Summ ary Judgment 44 is also DENIED. Finally, Defendant's Motion to Strike Paragraph of Affidavit of Elzie D. Speir 52 is DENIED. The parties shall submit a proposed consolidated pretrial order within 30 days of the entry of this Order. Signed by Judge Richard W. Story on 1/8/2015. (cem)

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Plaintiff: Nationwide Real Estate Investment, LLC
Represented By:	Jeffrey D. Diamond
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Defendant: Certain Underwriters at Lloyd's, London
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