Nationwide Real Estate Investment, LLC v. Certain Underwriters at Lloyd's, London
||Nationwide Real Estate Investment, LLC
||Certain Underwriters at Lloyd's, London
||March 29, 2013
||Georgia Northern District Court
||Richard W. Story
|Nature of Suit:
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|Date Filed||#||Document Text|
|January 8, 2015
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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