Billy H. Nappier, Mary J. Nappier, Plaintiffs-Counter-Defendants-Appellants v. Allstate Ins. Co., Defendant-Counter-Claimant-Appellee, 961 F.2d 168 (11th Cir. 1992). · Go Syfert
Billy H. Nappier, Mary J. Nappier, Plaintiffs-Counter-Defendants-Appellants v. Allstate Ins. Co., Defendant-Counter-Claimant-Appellee, 961 F.2d 168 (11th Cir. 1992). Cases Citing This Book View Copy Cite
25 citation events (19 in the last 25 years) across 8 distinct courts.
Strongest positive: BLALOCK v. PACIFIC LIFE INSURANCE COMPANY (gamd, 2024-07-09)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
cited Cited as authority (rule) BLALOCK v. PACIFIC LIFE INSURANCE COMPANY
M.D. Ga. · 2024 · confidence medium
Co., 961 F.2d 168, 170 (11th Cir. 1992).
cited Cited as authority (rule) Grubaugh v. USAA Casualty Insurance Company
W.D. Ky. · 2023 · confidence medium
Co., 961 F.2d 168, 179 (11th Cir. 1992)).
discussed Cited as authority (rule) American General Life Insurance Company v. Kleshnina (2×)
N.D. Ga. · 2022 · confidence medium
Then, as necessary, the Court will address whether those misrepresentations or omissions were material to American General’s insurance decision. 10 A. Misrepresentations or Omissions Under § 33-24-7(b)(2) and (3), “it is irrelevant whether an applicant acted in good faith or even had knowledge of the falsity when misrepresenting material facts in procuring insurance coverage.” , 961 F.2d 168, 170 (11th Cir. 1992); , 284 Ga. App. 58, 61 (2007) (“Because only subsection (1) refers to fraud, the Supreme Court of Georgia has specifically eschewed any need for the insurer to show that the …
cited Cited as authority (rule) NAUTILUS INSURANCE COMPANY v. BACONSFIELD APARTMENTS, INC
M.D. Ga. · 2022 · confidence medium
Co., 961 F.2d 168, 170 (11th Cir. 1992).
discussed Cited as authority (rule) Imperium Insurance Company v. Shelton & Associates
5th Cir. · 2019 · confidence medium
Co., 961 F.2d 168, 170 (11th Cir. 1992) (holding that an uncontradicted affidavit of the insurer’s representative, stating that the insurer would not have issued a policy had it known the truth, was sufficient to preclude any genuine issue of material fact, and thus summary judgment as to materiality was proper).
discussed Cited as authority (rule) Imperium Insurance Company v. Shelton & Associates
5th Cir. · 2018 · confidence medium
Co., 961 F.2d 168, 170 (11th Cir. 1992) (holding that an uncontradicted affidavit of the insurer’s representative, stating that the insurer would not have issued a policy had it known the truth, was sufficient to preclude any genuine issue of material fact, and thus summary judgment as to materiality was proper).
discussed Cited as authority (rule) Liberty Corporate Capital, Ltd. v. Bhanu Management, Inc. (2×) also: Cited "see, e.g."
S.D. Ga. · 2015 · confidence medium
Co., 961 F.2d 168, 170 (11th Cir.1992)); see also Worley v. State Farm Mut.
cited Cited as authority (rule) Sentinel Insurance v. Action Stop, LLC
M.D. Ga. · 2013 · confidence medium
Co., 961 F.2d 168, 168 (11th Cir.1992). .
discussed Cited as authority (rule) Perkins v. American International Specialty Lines Insurance (2×) also: Cited "see"
N.D. Ga. · 2012 · confidence medium
Co., 961 F.2d 168, 170 (11th Cir.1992), citing Haugseth v. Cotton States Mut.
cited Cited as authority (rule) Jerimah Merritt v. Hub International Southwest Agency Limited
11th Cir. · 2012 · confidence medium
Co., 961 F.2d 168, 170 (11th Cir.1992).
cited Cited as authority (rule) Medmarc Casualty Insurance v. Reagan Law Group
N.D. Ga. · 2007 · confidence medium
Co., 961 F.2d 168, 170 (11th Cir.1992) (finding that misrepresentation was material on the basis of underwriter’s affidavit); cf. Lively v. S. Heritage Ins.
examined Cited as authority (rule) Home Indem. Co. Manchester, NH v. Toombs (3×) also: Cited "see"
N.D. Ga. · 1995 · confidence medium
Co., 961 F.2d 168, 170 (11th Cir.1992) (affirming trial court’s grant of summary judgment that policy was void under O.C.G.A. § 33-24-7(b)(3)); Lee v. Chrysler Life Ins.
discussed Cited as authority (rule) White v. Continental General Insurance
D. Wyo. · 1993 · confidence medium
Co., 961 F.2d 168, 170 (11th Cir.1992); Bageanis, 783 F.Supp. at 1145 (“ ‘Materiality’ is determined by asking whether reasonably careful and intelligent persons would have regarded the omitted facts as substantially increasing the chances of the events insured against so as to cause rejection of the application or different conditions, such as higher premiums.”) (citations omitted).
discussed Cited "see, e.g." Zimmer v. Travelers Insurance
S.D. Iowa · 2007 · signal: compare · confidence medium
Compare Champeau, 814 F.2d at 1275 (granting a new trial where the trial judge interrupted the trial testimony 145 times, led an expert witness into irrelevant discussions, and “completely confused and perhaps misstated what the expert had said”) and Myers v. George, 271 *961 F.2d 168, 171 (8th Cir.1959) (finding judicial comments as a basis for reversal where trial judge commented that a witness named “True” would not live up to his name, and stated that people who attend wrestling matches are “suckers”) with Woodring v. United States, 311 F.2d 417, 420 (8th Cir.1963) (finding no …
Retrieving the full opinion text from the archive…
Billy H. NAPPIER, Mary J. Nappier, Plaintiffs-Counter-Defendants-Appellants,
v.
ALLSTATE INSURANCE COMPANY, Defendant-Counter-Claimant-Appellee
91-8521.
Court of Appeals for the Eleventh Circuit.
May 13, 1992.
961 F.2d 168
John R. Gaughen, Atlanta, Ga., for plaintiffs-counterdefendants-appellants., Dennis J. Webb and Marvin D. Dikeman, Webb, Carlock, Copelant, Semler & Stair, Atlanta, Ga., for defendant-counterclaim-ant-appellee.
Hatchett, Dubina, Godbold.
Cited by 15 opinions  |  Published
GODBOLD, Senior Circuit Judge:

This appeal arises in a breach of contract action brought by homeowners refused payment by their insurance company when their house was destroyed by fire. The insurance company asserts as a complete defense that the homeowners’ policy was void ab initio because the plaintiffs materially misrepresented facts in procuring insurance coverage.

The issue presented is whether the district court erred in granting summary judgment to defendant Allstate on the ground that plaintiffs, the Nappiers, failed to overcome Allstate’s evidence showing that there was no genuine issue of material fact because the insurance policy was void from the start.

On September 11, 1989 the Nappiers applied for homeowners’ insurance with Allstate. In completing the policy application, they denied that any of their insurance policies had 'been canceled within the last five years. Allstate agreed to provide them with coverage. The Nappiers’ house was destroyed by fire on December 24, 1989. Allstate refused to pay, asserting that the Nappiers had materially misrepresented facts in their application concerning the cancellation of their previous homeowners’ policy for cause. The Nappiers’ previous homeowners’ policy had been canceled by Georgia Farm Bureau Mutual Insurance Company on January 10, 1989 for delinquency in premium payments. The Nappiers contend that they did not know that their previous homeowners’ policy had been canceled, asserting that they instead believed that it was their automobile policy that had been canceled by Georgia Farm Bureau.

The Nappiers sued for breach of contract. Allstate asserted as a defense the Nappiers’ material misrepresentation of facts in their policy application and moved for summary judgment. The district court denied Allstate’s first motion for summary judgment pursuant to Ga.Code Ann. § 33-24 — 7(b)(2) (Michie 1990), which provides a defense to insurance recovery when the insured’s misrepresentations are material to the insurer’s acceptance of risk. The court subsequently granted Allstate’s renewed motion for summary judgment under Ga.Code Ann. § 33 — 24—7(b)(3) (Michie 1990). The court found that the Nappiers failed to present evidence in opposition to the affidavit of Allstate’s underwriting manager attesting that, as a prudent insurer, Allstate would not have issued an insurance policy to the Nappiers had it known about the Georgia Farm Bureau cancellation for cause. The Nappiers appeal.

The standard of review for the grant of summary judgment is the same as the standard for the district court. We must ascertain whether any genuine issue of material fact remains and whether the moving party is entitled to judgment as a matter of law. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986).

[*170] Ga.Code Ann. § 33-24-7(b)(3) addresses the effect of misrepresentations in procuring coverage upon insurance policy recovery. It provides:

(b) Misrepresentations, omissions, concealment of facts, and incorrect statements shall not prevent a recovery under the policy or contract unless:
(3) The insurer in good faith would ... not have issued the policy or contract ... if the true facts had been known to the insurer as required either by the application for the policy or contract or otherwise.

The misrepresented facts must be material for § 33-24-7(b)(3) to apply to bar recovery. A material misrepresentation is one that would influence a prudent insurer in deciding whether to assume the risk óf providing coverage. See Haugseth v. Cotton States Mut. Ins. Co., 192 Ga.App. 853, 386 S.E.2d 725 (1989) (upholding denial of automobile theft coverage due to material omission in policy application). Clearly, whether an applicant’s previous homeowners’ policy was canceled for cause is material to an insurance company’s decision to provide coverage. Second, it is irrelevant whether an applicant acted in good faith or even had knowledge of the falsity when misrepresenting material facts in procuring insurance coverage. See Davis v. John Hancock Mut. Life Ins. Co., 202 Ga.App. 3, 413 S.E.2d 224 (1991) (upholding denial of health insurance coverage due to material omission in policy application). Therefore, the Nappiers’ contention on appeal that they thought Georgia Farm Bureau had canceled their automobile policy rather than their homeowners’ policy is irrelevant. [1]

Allstate demonstrated through the affidavit of its underwriting manager that the Nappiers’ misrepresentation was material and that Allstate would not have issued them a homeowners’ policy had it known the truth about their prior cancellation. The Nappiers did not offer any evidence to contradict Allstate’s proof. Therefore, no genuine issue remained as to the applicability of § 33-24-7(b)(3) to bar recovery. Allstate is entitled to judgment under § 33-24-7(b)(3) as a matter of law.

Finally, the Nappiers contend that Georgia Farm Bureau’s cancellation of their homeowners’ policy was invalid and ineffective under Ga.Code Ann. § 33-24-46(e) (Michie 1990) and therefore that they did not misrepresent the facts on their Allstate application since as a matter of law there had not been a cancellation. The Nappiers did not raise this issue in the district court proceedings and we will not consider it for the first time on appeal. Troxler v. Owens-Illinois, Inc., 717 F.2d 530, 532 (11th Cir.1983).

AFFIRMED.

1

. While it is not a basis for our decision, we note the inconsistency in plaintiffs’ claim that they thought it was their automobile policy that had been canceled while, in fact, they thereafter sought new homeowners’ coverage.