DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
152459P.pdf 07/19/2016 Capson Physicians Insurance Co v. MMIC Insurance Inc.
U.S. Court of Appeals Case No: 15-2459
and No: 15-2575
U.S. District Court for the Eastern District of Arkansas - Jonesboro
[PUBLISHED] [Wollman, Author, with Benton and Shepherd, Circuit Judges]
Civil case - Insurance. Doctor's and hospital's nondisclosure of a lawsuit
was the equivalent of a false assertion to the insurer;the claim against
the doctor was a significant change that affected the risk MMIC was
offering to underwrite and rendered a portion of the doctor's application
for insurance untrue; Iowa law placed a duty on the doctor and the
hospital to disclose the lawsuit to MMIC, and MMIC was entitled to
equitable rescission of the prior-acts coverage it had issued.