In re Byrd (00-41817)
In the adversary proceeding regarding the complaint filed by Douglas McArthur Byrd ("Debtor") to recover property of the estate, Atlanta Casualty Company ("Defendant") made a Motion for Summary Judgment. After ruling on several evidentiary issues, the Court held in favor of Defendant stating that Debtor’s material misrepresentation that he did not know whether his vehicle had been found, when he had been told by the police six days earlier that the vehicle had been recovered, violated the Cooperation and Fraud & Misrepresentation clauses of Defendant’s automobile insurance policy. Therefore, as a matter of law, Defendant was not required to pay Debtor for his alleged loss.
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Date:
Monday, June 2, 2003