CA1: misrepresentation on insurance policies

Indianapolis Life v. Herman, 06-1722 (unpublished) affirms summary judgment in favor of an insurer who brought a declaratory judgment action, asking that the court declare that it had properly rescinded an insurance policy based on the defendant’s misrepresentations.  The concludes, “Because the evidence establishes that [a defendant] made this misrepresentation with the actual intent to deceive, Indianapolis Life was not required to show that the misrepresentation increased its risk of loss.”  There is some 60(b) stuff in there, but nothing worth caring about.