James B. Woods, Sr. v. Independent Fire Insurance Company

749 F.2d 1493, 1985 U.S. App. LEXIS 27468
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 8, 1985
Docket83-8656
StatusPublished
Cited by27 cases

This text of 749 F.2d 1493 (James B. Woods, Sr. v. Independent Fire Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James B. Woods, Sr. v. Independent Fire Insurance Company, 749 F.2d 1493, 1985 U.S. App. LEXIS 27468 (11th Cir. 1985).

Opinions

GODBOLD, Chief Judge:

This is a suit over fire insurance coverage. The district court granted summary judgment for the insurer, holding that coverage was voided because of a material misrepresentation by the insured in a sworn proof of loss. We affirm.

On January 17, 1980, plaintiff secured a policy of insurance covering his single-family dwelling in Brooklet, Georgia. On July 9, 1980, he conveyed the property to his mother in fee simple, because he was having marital difficulties and wanted to prevent his wife from making any claim against the house in possible divorce proceedings. Woods continued to live in the house and continued to pay taxes on it and to pay the insurance premiums. His furniture and personal belongings remained in the house. The mother never lived in the house. The policy was renewed February 20, 1981, without Woods disclosing the transfer of title. On January 15, 1982, two days before the policy was to expire, the house was destroyed by fire.

The policy itself required Woods, after a loss, to set forth the interest of himself and all others in the property, as well as any changes in title or occupancy during the term of the policy.

Woods completed a sworn proof of loss form. Under the heading “Title and Inter[1495]*1495est” he stated that his interest in the property at the time of loss was 100%. He stated that no other person had any interest in the property or encumbrance thereon and since the policy had been issued there had been no assignment of the property or change in the interest, use, occupancy, location, or exposure.

After receiving the proof of loss, the insurer conducted an investigation and found that the property had been conveyed in fee simple to the mother. The insurer1 denied coverage on the grounds that Woods had no insurable interest in the property and that he had violated the condition of the policy providing: “We do not provide coverage for any insured who has intentionally concealed or misrepresented any material fact or circumstance relating to this insurance.”

The district court granted summary judgment to the insurer, holding that the misrepresentation was material as a matter of law and that it voided the coverage. The court did not decide whether Woods did or did not have an insurable interest.

Under Georgia law “[i]t is only fraudulent false swearing, in furnishing the preliminary proof or in the examinations which the insurers have a right to require, that avoids the policies.” American Alliance Insurance Co. v. Pyle, 62 Ga.App. 156, 165, 8 S.E.2d 154, 160 (1940). American Alliance cited and relied upon Claflin v. Commonwealth Insurance Co., 110 U.S. 81, 3 S.Ct. 507, 28 L.Ed. 76 (1884). In that case a merchant represented that he owned certain goods when in fact he did not. The Court first discussed the object of the proof of loss:

The object of the provisions in the policies of insurance, requiring the assured to submit himself to an examination under oath, to be reduced to writing, was to enable the company to possess itself of all knowledge, and all information as to other sources and means of knowledge, in regard to the facts; material to their rights, to enable them to decide upon their obligations, and to protect them against false claims. And every interrogatory that was relevant and pertinent in such an examination was material, in the sense that a true answer to it was of the substance of the obligation of the assured. A false answer as to any matter of fact material to the inquiry, knowingly and wilfully made, with intent to deceive the insurer, would be fraudulent. If it accomplished its result, it would be a fraud effected; if it failed, it would be a fraud attempted. And if the matter were material and the statement false, to the knowledge of the party making it, and wilfully made, the intention to deceive the insurer would be necessarily implied, for the law presumes every man to intend the natural consequences of his acts. No one can be permitted to say, in respect to his own statements upon a material matter, that he did not expect to be believed; and if they are knowingly false, and wilfully made, the fact that they are material is proof of an attempted fraud, because their materiality, in the eye of the law, consists in their tendency to influence the conduct of the party who has an interest in them, and to whom they are addressed.

Id. at 94-95, 3 S.Ct. at 515.

The Court further held that it was obvious that “it was material to show what title and interest Murphy had at the time of the loss in the property insured. If he had no insurable interest, that certainly would have been a defence [sic].” Id. at 94, 3 S.Ct. at 514.

The fact whether Murphy had an insurable interest in the merchandise covered by the policy was directly in issue between the parties. By the terms of the contract he was bound to answer truly every question put to him that was relevant to that inquiry. His answer to every question pertinent to that point was material, and made so by contract, and because it was material as evidence; so that every false statement on that subject, knowingly made, was intended to deceive and was fraudulent.

Id. at 96, 3 S.Ct. at 516.

In Pooser v. Norwich Union Fire Insurance Soc’y, 51 Ga.App. 962, 182 S.E. 44 [1496]*1496(1935), the insured made a false statement on the proof of loss indicating that she had conveyed the property away and had no interest in it. The insurer asserted that this false statement voided the policy under the false swearing provisions. The court held that this type of false statement against the insured’s interest would not void the policy.

It is important to note that the misstatement in the proof of loss was against Mrs. Pooser’s interest. She made a statement which, if true, avoided the policy. The situation is quite different from what it would have been had she failed to make a statement of fact, which, existing, barred her right to recovery. That would have been an error in her interest (instead of against it), and presumably would have been made with fraudulent intent.

51 Ga.App. at 969, 182 S.E. at 48.

In the present case the false statement of Woods was in his interest. If not discovered it would have induced the insurer to pay the policy proceeds to him as owner. If discovered, and assuming coverage remained in effect, the insurance company could at least have interpleaded the proceeds or otherwise protected itself from possible claims by competing claimants. Moreover, the concealed transfer went directly to the issue of insurable interest. Absent an insurable interest Woods would not be covered. The conveyance to the mother was a crucial factor to the insurer in determining its rights and responsibilities under the policy as the Supreme Court pointed out in Claflin.

Woods concedes that the representation was false and that he knew it was. His contention to us is that the materiality of the misrepresentation was a question for the jury that could not be decided as a matter of law by the court on summary judgment. The district court properly determined materiality as a matter of law.

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Cite This Page — Counsel Stack

Bluebook (online)
749 F.2d 1493, 1985 U.S. App. LEXIS 27468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-b-woods-sr-v-independent-fire-insurance-company-ca11-1985.