093002P.pdf   04/08/2011  Pioneer Industries, Inc.  v.  Hartford Fire Insurance
   U.S. Court of Appeals Case No:  09-3002
                          and No:  09-3072
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Bye, Author, with Melloy and Shepherd, Circuit Judges]
   Civil Case - diversity - insurance contract. Material misrepresentations in
   applications for insurance are governed by Minn. Stat. sec. 60A.08(9). 
   Ambiguity in questions did not eviscerate the materiality of the
   misrepresentations. Employee had authority to purchase insurance and
   thus his misrepresentations are attributable to Pioneer. Insurer need only
   prove misrepresentation increased risk of loss to trigger section
   60A.08(9) and insurer satisfied its burden. District court did not err in
   concluding insurer was entitled to rescind non-lapsed policy due to
   misrepresentations made in the application. District court did not err in
   concluding the notice of nonrenewal resulted in the formation of a new
   contract and terminated the existing contract; insurer had not
   demonstrated that it was entitled to rescind policies which had lapsed.