141606P.pdf   09/18/2015  Metropolitan Property etc.  v.  Gerry Calvin
   U.S. Court of Appeals Case No:  14-1606
   U.S. District Court for the Eastern District of Arkansas - Little Rock   
   [PUBLISHED] [Shepherd, Author, with Smith and Benton, Circuit Judges] 
   Civil case - Insurance. Under Arkansas law, where an insured signs an 
   application prepared by the insurer's agent and a conflict in the evidence 
   arises as to whether an error on the application was caused by fraud, 
   negligence or mistake of the agent, a question of material fact exists, 
   and the district court erred in granting the insurer's motion for summary 
   judgment; since the court's grant of summary judgment for the insurer on 
   the insured's claim for breach of contract was based on its finding that 
   the policy was void based on misrepresentation, that ruling must also be 
   reversed; the district court did not err in granting the insurer's motion 
   for summary judgment on the insured's counterclaim for bad faith denial; 
   the insured was not entitled to judgment as a matter of law on an arson 
   issue; certain discovery rulings affirmed; the matter is remanded for 
   further proceedings on the insurer's claim for alleged misrepresentation 
   in the insurance application and the insured's claim for breach of 
   contract.